Abstract
Rawls’ theory of distributive justice may serve as a useful model in conceptualizing a model of the ideal political economy – one that seeks to keep inequalities that have come about as a result of natural accident to a minimum. Moreover, his principles of justice can be used correctively, to address institutional inequalities that have the effect of entrenching social dislocation. Kenya has, over the decades up until now, been riven by injustices relating to land. This has led to the development of a small cluster of landed elites while the majority of citizens are effectively denied land access rights. This is regardless of the fact that most of the land so acquired by the former was acquired irregularly and with disregard of bona fide title of the original occupants. The concept and process of transitional justice may be viewed as the vehicle toward attaining corrective justice and accountability for offences committed in times of national crisis as a restorative measure.
Highlights
Over the decades up until now, been riven by injustices relating to land.This has led to the development of a small cluster of landed elites while the majority of citizens are effectively denied land access rights. This is regardless of the fact that most of the land so acquired by the former was acquired irregularly and with disregard of bona fide title of the original occupants.The concept and process of transitional justice may be viewed as the vehicle toward attaining corrective justice and accountability for offences committed in times of national crisis as a restorative measure
Kenya, being a constitutional democracy,[1] is necessarily apt for an analysis of its political economy against the minimum standards imposed by the Constitution
A corollary of this observation is the argument that the power structures that may have lingered from the previous regimes in Kenya have remained oblivious to entrenched injustices respecting land rights
Summary
Kenya, being a constitutional democracy,[1] is necessarily apt for an analysis of its political economy against the minimum standards imposed by the Constitution. It will be argued that this fact has helped exacerbate the inequities that have persistently and historically characterized the land sector, and, by extension, the cultural and economic lives of most of the citizens This contribution will, as a precursor to the discussion above, attempt to conceptualise Kenyan society in light of the ideas of distributive justice, the most prominent and seemingly plausible one being that by Rawls, ‘justice as fairness.’. It will be argued that, in view of previous failed attempts at correcting these problems, the best and surest path lies in the process of transitional justice This is because corrective and restorative justice, from the perspective of this argument, must, in order to address the entrenched injustices to their essence, involve corrective and restorative justice.
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