Jurisprudence
| G34/2603/2010 | | ALTERNATIVE DISPUTE RESOLUTION
COURSE FACILITATOR: MR.L ALOO OBURA SUBMITTED 27TH AUGUST 2013.MERITS AND DEMERITS OF AN INSTITUITONAL AND LEGAL FRAMEWORK FOR TRADITIONAL DISPUTE RESOLUTION. |
INTRODUCTION
The Constitution of Kenya 2010 was a timely panacea to revolutionize the systems of justice and the delivery thereof. Previously, the justice system was bedeviled by technicalities; obsolete provisions among others inefficiency and corruption at the detriment of access to justice for the entitled citizenry. The preamble of the Constitution espouses social justice as among the core pillars on which the Kenyan aspirations are anchored, it is also captured as a national value and principle of governance in its article 10. Social Justice refers to justice exercised in a society based on the principles of equality and solidarity and with utmost reverence for human rights and human dignity; is this noble task that the government of Kenya is entrusted with in upholding the sovereign power of the people and the right to access justice in article 48 of the Constitution.
Chapter Ten of the Constitution on judicial authority and legal systems is premised on the understanding of the sovereignty of the people who vest judicial authority on the courts and tribunals to exercise such authority guided by the principles of justice as in article 159(2) of the Constitution. These principles may be regarded as the standards or threshold for delivery of justice; they include: * Justice shall be done to all irrespective of status. This is as anticipated by article 27(4) of the Constitution on non-discrimination. * Justice shall not be delayed * Alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted. * Justice shall be administered without undue regard to procedural technicalities * The purposes and principles of the Constitution shall,
COURSE FACILITATOR: MR.L ALOO OBURA SUBMITTED 27TH AUGUST 2013.MERITS AND DEMERITS OF AN INSTITUITONAL AND LEGAL FRAMEWORK FOR TRADITIONAL DISPUTE RESOLUTION. |
INTRODUCTION
The Constitution of Kenya 2010 was a timely panacea to revolutionize the systems of justice and the delivery thereof. Previously, the justice system was bedeviled by technicalities; obsolete provisions among others inefficiency and corruption at the detriment of access to justice for the entitled citizenry. The preamble of the Constitution espouses social justice as among the core pillars on which the Kenyan aspirations are anchored, it is also captured as a national value and principle of governance in its article 10. Social Justice refers to justice exercised in a society based on the principles of equality and solidarity and with utmost reverence for human rights and human dignity; is this noble task that the government of Kenya is entrusted with in upholding the sovereign power of the people and the right to access justice in article 48 of the Constitution.
Chapter Ten of the Constitution on judicial authority and legal systems is premised on the understanding of the sovereignty of the people who vest judicial authority on the courts and tribunals to exercise such authority guided by the principles of justice as in article 159(2) of the Constitution. These principles may be regarded as the standards or threshold for delivery of justice; they include: * Justice shall be done to all irrespective of status. This is as anticipated by article 27(4) of the Constitution on non-discrimination. * Justice shall not be delayed * Alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted. * Justice shall be administered without undue regard to procedural technicalities * The purposes and principles of the Constitution shall,