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Guidelines for Standardization of Traditional Dispute Resolution Mechanism

Guidelines for Standardization of Traditional Dispute Resolution Mechanism

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  • Create Date September 5, 2020
  • Last Updated September 5, 2020

Guidelines for Standardization of Traditional Dispute Resolution Mechanism

Traditional dispute resolution mechanisms have been integral part of the traditional justice system in Kenya. The mechanism applies mainly customary law, rules and norms to solve disputes emanating within the community. Different communities apply the system within the context that they exist. The system has to an extent supported the formal justice system in enabling local communities access justice fast and without rigorous formal rules. Traditional dispute resolution mechanism has received constitutional recognition under Article 159 (2) (c), which obligates courts and tribunals to promote alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms.