Investigating the hidden: the lukaa–lukee system among the Kuttaayee Oromo, Ethiopia

Abstract

This paper deals with the lukaa–lukee customary system of fact-finding among the Kuttayee Oromo in Ethiopia. Literature documents the prevalence of traditional methods of fact-finding, but it does not provide enough details on why these methods are still practiced. A detailed empirical analysis of how the lukaa–lukee system of fact-finding is functioning enables us to understand the role the traditional fact-finding mechanisms play in contemporary Ethiopia and whether they are outmoded and in dire need of replacement or, on the contrary, serve an important function that is worth preserving. This paper basically argues that the customary justice system of fact-finding has survived due to several inter-related factors: it is value oriented, less expensive, entails face-saving outcomes and is more flexible. Customary laws are affected by local elders and ritual-religious leaders with much tolerance compared to the state court, which is rigidly practiced in conformity with formally set rules and regulations. The findings of this study indicate that the social compulsion and belief system which play a central role in fact-finding are also prominent in sanctioning. This implies that the mechanisms of fact-finding fit in with the way the whole system of customary justice functions. In the current Ethiopian context, customary mechanisms play an important role in maintaining social order and reducing the potential burdens of state court and are worth preserving.