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Integration of African Customary Legal Concepts into Modern Law: Restorative Justice: A Kenyan Example

School of Law, University of Nairobi, Nairobi 00100, Kenya
Societies 2019, 9(1), 17; https://doi.org/10.3390/soc9010017
Received: 18 January 2019 / Revised: 15 February 2019 / Accepted: 26 February 2019 / Published: 4 March 2019
(This article belongs to the Special Issue Access to Justice: Historical Approaches to Victims of Crime)
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PDF [181 KB, uploaded 4 March 2019]

Abstract

African societies have been governed according to known norms, customs, and practices that together constitute African customary law. These societies have placed emphasis on communal as opposed to individual identity, and this has extended to their justice systems. African customary law therefore has placed emphasis on the concept of restorative justice based on the understanding of restoring the societal balance that has been disrupted by crime. This has fostered offender accountability, reparation to the victim, and full participation by the affected community members. This essay examines the resurgence of African legal philosophy and its subsequent integration into modern African formal legal systems. In particular, it interrogates the recent Kenyan example of integrating traditional dispute resolution mechanisms as one of the guiding principles for the exercise of judicial authority by Kenyan courts under the 2010 Constitution. It argues for the development of structures to properly utilize such mechanisms within the Kenyan context. View Full-Text
Keywords: African customary law; restorative justice; traditional dispute resolution mechanisms African customary law; restorative justice; traditional dispute resolution mechanisms
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).
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Bwire, B. Integration of African Customary Legal Concepts into Modern Law: Restorative Justice: A Kenyan Example. Societies 2019, 9, 17.

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