November 16-30, 2010
ISSUE 029
A bimonthly on-line newspaper by the Media Diversity Centre, a project of African Woman and Child Feature Service
Invoking Maslah: Alternative to statutory courts By ADOW JUBAT As the country moves towards implementing the new constitution, eyes remain focused on the country’s judicial system. However, in northern Kenya, the statutory courts are hardly used as the people prefer to use the traditional courts. These they find to be expeditious, just and more reconciliatory.
Therefore, while Kenyans are now looking at vetting judges, the community in the north long decided that they would rather use the ways of their forefathers in handling matters of justice. The Somali community would, therefore, rather abandon all other traditions but not the Maslah, which means reconciliation. Maslah courts are presided over by elders who are powerful and respected by the community.
And that is why when Kenyans in other parts of the country are grappling with how best to reconcile communities whose relations were poisoned by the bungled general elections of 2007, their North Eastern counterparts are living in peace, thanks to Maslah. Maslah is a cultural practice coated with religious teachings that has been in existence to forestall such incidents for generations.
Elders converge to arbitrate disputes in Mandera. The sitting is called Maslah which means solution in Somali language. Picture: Adow Jubat
Under a tree shade, the traditional mechanism of delivering justice is often a common sight in the North-Eastern region predominantly inhabited by Somali pastoralists. Maslah is an application of both the Somali tradition and Islamic teachings. Serious offences such as murder, fornication, adultery and inheritance are handled through Islamic teachings. Continued on page 5
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