7 Records out of 22207 Records

The effects of statutory justice approaches on traditional conflict management mechanisms : the case of Borana Community in Upper Eastern Kenya between 1963-2011

Author: Lakicha, Yusuf Ali

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Judicial process ; Customary law ; Conflict resolution ; Alternative dispute resolution ; Boran (African people) ; Pastoralists ; North Eastern Kenya ;

Abstract:

Northern Kenya is an arid part of Kenya, inhabited by the pastoralists who traverse the vast region on seasonal migrations as they seek sufficient pasture and water for their livestock. The harsh weather conditions and the shrinking range resources base has made pastoralists inhabitants of the region go through severe hardships in their survival manoeuvres to protect their lives and that of their livestock from the threats of the drought. This survival manoeuvers has occasionally resulted in conflicts among the communities. The conflicts of late have had numerous casualties, due to proliferation of small arms and weapons from the neighbouring unstable countries like Somalia. Due to the regions marginalization most state institutions are not adequately equipped, staffed or facilitated to handle their respective service delivery to the people. In particular the judiciary is among the least developed state institutions in the region. The courts only exist at district headquarters and are poorly staffed, with cases of one magistrate being shared by two or more districts being common. Hence the judiciary has little effect as deterrence to the perpetrators of conflict. The study sought to establish historical and contemporary factors that has contributed to conflicts among the pastoral communities in North Eastern Kenya and assess how these communities realise justice under customary laws and evaluate the effectiveness of this traditional justice system and how it should be formally included in the national policy to provide for a legal pluralism to ease pressure on the formal justice system and enhance access to justice. This study against all this odds facing the Northern Kenya region shows how the indigenous Borana community has alleviated these conflicts over the range resources through their institutions of range resources conflict management. These institutions which have checks and balances and defined division of roles have been preserved by the community and are active to this day. This is what has made their pastoralism livelihood viable and feasible despite the numerous challenges. The study further demonstrates how the justice regimes of the indigenous community appeals to their socio- political organization and demographic dynamics. Their justice system is restorative and seeks at all times to restore and repair the broken victim, offender and community relationships. The formal justice systems on the other hand is seen as alien to their value systems and does not take into account how the local pastoralist's communities understand and define crime and resolve disputes or conflicts. The study uses the restorative justice theory which builds reconciliation and reintegration and restoration of offender back into the society as opposed to the formal justice system which is retributive, punitive and aimes to make offenders suffer as much as the victim if not more. This study demonstrates analytically the socio-political and socio-legal aspects that characterize the customary and formal justice institutions and shows the existence of tension between them that needs to be addressed through a legal framework that accommodates the two in one that is legal pluralism. This is to allow the effective operations of customary justice systems without fear of contradicting the formal systems, and to have the customary restorative justice systems decisions of conflict resolutions and range resources management as binding upon the state.

Women's rights to property in Kenya : effectiveness of the implementation of Kenyan laws in Butere District, Kenya

Author: Muyia, Felesia Mukolla

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2010

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Butere District ; Property rights ; Legislation ; Women ; Customary law ;

Abstract:

The right to own property has been constantly abused, and efforts geared towards eliminating discrimination in the. ownership, acquisition and management of property have been inadequate, regardless of the fact that Kenya has ratified a number of treaties that promote the property rights of women. Women, still have lesser rights than men in inheritance of land, in practice, division and control of matrimonial property. Kenyan customs and traditions have led to these violations and existing laws have failed to protect the property rights of women. This study examined the effectiveness of the current Kenyan laws, policies and legislation in protecting property rights amongst women in the rural areas. The main broad objective of the study was to examine the effectiveness of the current Kenyan laws, policies and legislation in protecting property rights amongst women in the rural areas. Specifically the research sought to identify traditional and modem laws and practices on women's rights and obligations, to establish the extent to which the women access and control property, to determine the extent to which women are aware of existing laws and practices on property ownership and to find out how effective the laws have been in protecting the rights of women. The study population included 150 respondents from Butere district in Kenyas' Western region. Three locations were used in developing the sample. These were, Butere Township, Central Marama and North Marama. The main sources of data from the district were women. Data was collected by the help of questionnaires, interview guides and focus group discussions. Data was analysed by the help of the Statistical Package for Social Sciences and presented using tables and charts. Findings from the research established that traditional laws on property rights were the prefered methods of solving property rights disputes. The research establisehd that participants would only opt to go to court if the traditional methods were not successful. The research established that traditional laws and practices regarding property rights favor men more than they favor women. Further it emerged from the research that it is the husband who owns and make decisions with regards to the use of family property. Thestudy also established that majority of the respondents were not aware ofthe existing laws on property ownership. However those who indicated that they were aware could not pin point specific laws that touched on property rights. The research also revealed that little effort had been done by government and other stakeholders in education citizens on women's property rights. A majority of the respondents had attended some form of educational forum or seminar in the district however none of the respondents had attended a forum on the property rights of women. The study also concluded that laws protecting the rights of women to property had been ineffective in the district. An indicator for this was the preference for traditional methods of solving disputes rather than using the modem laws. A number of recommendations were given targeting the Butere District Community, government and non-governmental organisations. Recommendations were also given for future research around the issue of property rights of women. The recommendations included: equal access to property by children regardless of their gender; writing of wills by parents to protect the rights of women and young girls; joint ownership of property between spouses; drafting and enactment of legislation that protects the property rights of women as provided for in the new constitution; domestication of all treaties and conventions as provided for in the new constitution; awareness creation and civic education from government and non-governmental organisations on the contents of the new constitution; legal action against those who abuse the property rights of women; and training and capacity building of administrative officers such as ch

'Averting a clash between culture, law and science' : an examination of the effects of new reproductive technologies in Kenya.

Author: Wasunna, Angela Amondi

Awarding University: McGill University, Canada

Level : LLM

Year: 2000

Holding Libraries: University Microfilms International ;

Subject Terms: Infertility/Customary law/Legislation/Reproductive system/ ;

Abstract:

The purpose of this thesis is to investigate the legal and ethical consequences of new reproductive technologies in the context of Kenya's two systems of law, namely, English-based statutory law and native customary law. The paper starts by examining how infertility was dealt with by traditional Kenyan societies before the advent of reproductive technologies and proceeds to look at some of these customs that have survived in contemporary Kenya. Currently reproductive technologies are being carried out in a legal vacuum in Kenya and in the event of any dispute involving the procedures, courts have to refer to existing laws, both customary and statutory. The thesis therefore examines what these technologies are and how Kenya's dual system of law would respond to some of the family law dilemmas raised by the use of these reproductive procedures. The thesis then discusses whether there is enough justification to enact a new, uniform, hybrid act that takes into consideration both systems of laws in relation to the challenges brought on the technologies. It is the position of the author that an integrated hybrid act ought to be passed. This act would act as a broad framework for regulation, however the act would not be the exclusive form of regulation. The last part of the thesis therefore makes recommendations on other forms of control that ought to be considered by legislators and policy makers in Kenya, to deal with the myriad of legal and ethical issues precipitated by reproductive technologies.

Women, law and engendering resistance : an African pedagogical project.

Author: Muteshi, Jacinta Khasiala

Awarding University: University of Toronto, Canada

Level : PhD

Year: 1996

Holding Libraries: University Microfilms International ;

Subject Terms: Women's studies ; Legislation ; Customary law ;

Abstract:

As African Kenyan women begin to challenge their current conditions of marginalization, inequality and dependency within the legal arena, they are faced with a difficult and complex task. The Kenyan legal system is a site of multiple bodies of law: customary law, received English common law, Kenyan statutory law and the Kenyan constitution. All these systems of law have developed over time in a context of values, meanings and structures that have been selectively reflective of men's perspectives and exclusionary of women's concerns and interests. This thesis is primarily concerned with the Kenyan legal system and more specifically with the discourses and practices of African customary law, for as the personal law of the people of Kenya, it is law that Kenyan women are most frequently up against. The thesis project is thus to identify and analyze instances of Kenyan women's diverse attempts at resistance, particularly in the area of law, over the period from 1964 to the present. I will document and examine how Kenyan women's democratic politics have emerged in terms of their struggle to articulate their issues, express their political strategies, create priorities and choose particular responses in the areas of marriage and property laws, violence against women, democracy and politics. The thesis will also analyze how the actions by Kenyan women have involved individual and collective forms of activism and struggle, both inside and outside Kenyan courts.

The social origins of property and contract : a study of East Africa before 1918

Author: Lyall, A B

Awarding University: University of London, England

Level : PhD

Year: 1980

Holding Libraries: Institute of Commonwealth Studies Library ;

Subject Terms: Customary law ; Contracts ; Property ; Social life and customs ; East Africa ;

Abstract:

ABSTRACT NOT AVAILABLE

A restatement of Kipsigis customary law.

Author: Saltman, Michael

Awarding University: Brandeis University, USA

Level : PhD

Year: 1971

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ; Kenya National Archives and Documentation Services Library ;

Subject Terms: Kipsigis (African people)/Ethnology/Customary law/ ;

Abstract:

ABSTRACT NOT AVAILABLE

Customary criminal offences in Kenya

Author: Cotran, E

Awarding University: University of Leeds, England

Level : MA

Year: 1963

Holding Libraries: Institute of Commonwealth Studies Library ;

Subject Terms: Crime ; Customary law ;

Abstract:

ABSTRACT NOT AVAILABLE