The Nature of Traditional Justice in Africa: A Case Study of the Bukusu People of Kenya

Abstract

The traditional justice systems have throughout history been fundamental in solving disputes and conflicts in African communities. They are seen as an alternative or a complement of the formal court systems. These courts are based on customary practices, traditions and rules of communities. In some countries, the traditional justice systems operate within the state control while in other countries the law recognizes them as mechanisms that are used to solve disputes and conflicts. Though some see these mechanisms as backward and not promoting development, most Africans in rural settlements prefer them. Most Africans resort to traditional justice systems to solve their disputes because of three reasons. One is that most Africans live in rural areas where the services of the formal court systems are limited. Two, the formal courts may not be able to offer the type of justice appropriate for disputes between people living in rural areas where such disputes can cause conflict within the communities thus affecting the relationship that exists between them. Three, the formal court systems may not subscribe to the cultural and religious traditions that are applied during the resolving of the disputes. The rural people because of the sacredness attached to it revere these traditions. This article seeks to examine the nature of traditional justice systems in Africa.