Principles surrounding traditional methods of dispute resolution (TDRMs) as an alternative form of dispute resolution in Kenya.
One of the principles is that alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted if they do not contravene the Bill of Rights. They are not repugnant to justice and morality or result to outcomes that are repugnant to justice or morality and if they are not inconsistent with the constitution or any written law. In spite of the fact that there are sure parts of customary laws that do not forecast well with human rights norms, the subjection of customary laws to the repugnancy provision has been utilized by courts to…show more content… There is requirement for a difference in state of mind by the courts and the formal legitimate frameworks towards customary laws. This predisposition against customary laws has roots to the frontier days when the legal state of mind was that, however satisfactory as being appropriate in official courtrooms, customary laws were second rate compared to formal/English laws. This is the mentality portrayed in Article 159 (3) of the Constitution. Tragically that this legal demeanour endures in Kenya today with its shackles on the use of customary laws in the Kenyan courts. From Article 159 (1) plainly legal expert is gotten from the general population and is vested and practiced by courts and tribunals built up under the constitution. In exercise of that expert, the courts and tribunals…show more content… These levels speak to the political units making up the group. The littlest unit called Idile (Nuclear family) is going by a Baale. The following unit is the Ebi, (more distant family headed by Mogaji who is the most compelling or ordinarily the eldest individual in the Ebi. Family that is more distant incorporates all individuals who have blood ties. The last level of the units is the quarter, which contains a few family mixes, is going by a Baale, (the head of-ward/quarter, while the head of family, which incorporates the man’s, close group of spouse or wives and kids. Cases settled by Baale incorporate clashes among co-spouses, siblings and sisters, truants, and road battles including his kids and his cultivate youngsters or dependants. Struggle understood promptly incorporates minor clashes by chastening the troublemakers and conciliating whoever was affronted. The ―Baale‖ is required to visit the outraged individual, even to say thanks to him/her for tolerating a quiet determination of the contention. It is the obligation of Baale to assemble his family unit and caution them to cease from raising any more hell. The court forced no fine. Nevertheless, bids could be produced using court to the second court, which is the court of the ward-boss (Ile-ejo ijoye
