@article{2023:kariuki:reflection,
title = {Reflections on the “Autonomous Alternative Justice System Institutions” in Kenya’s Alternative Justice Systems Policy Frameworks},
year = {2023},
note = {On 27th August 2020, the Kenyan Judiciary together with its partners
formally launched the AJS Framework Policy and the AJS Baseline Policy
(AJS Policy Frameworks) which coincided with the ten-year anniversary
of the promulgation of the 2010 Constitution of Kenya. The launch of
the policy was awaited with huge expectations, as it was hoped that it
would provide an appropriate framework for the operationalisation of
“Autonomous Alternative Justice System” (AAJS) which is one of the
institutions approved by the AJS Policy Frameworks to anchor Kenya’s
emergent alternative justice system. This paper evaluates some of the
options adopted by the AJS Policy Frameworks in the conception and
implementation of the AAJS. Comparative lessons from the jurisprudence
of ‘customary arbitration’ in Nigerian and Ghana, which are
similar to the AAJS, are utilised to argue for more care and caution
in the operationalisation of the AAJS Institutions in Kenya.},
journal = {RiA Recht in Afrika | Law in Africa | Droit en Afrique},
pages = {70--83},
author = {Kariuki, Francis and Nwauche, Enyinna Sodienye},
volume = {26},
number = {1}
}