JUSTICE THAT HEALS - RESTORATIVE JUSTICE IN COMMUNITIES 

The Kenyan constitution, under article 159 provides an opportunity for Kenyans to apply Alternative Dispute Resolution (ADR) mechanism in seeking justice that restores relations, a justice that is not adversarial and costly. This approach seeks to generate and stimulate exchange of knowledge and practice on Alternative Dispute Resolution process in Kenya for policy formulation, capacity building, advocacy and strengthening of the practice by communities for increased access to justice, conflict prevention and resolution. This is expected to improve cohesion within and among communities and lead to a stable and prosperous country.

 

To strengthen and support this justice model the learning community members developed projects that sought to integrate elements of restorative justice to the Ebaraza system and link it to the formal justice system to complement each other in enhancing access to justice and conflict resolution for the people of Kuria sub county, Migori County. The project also collaborated with the judicial task force on Alternative Justice System (AJS) in enriching the policy document for formalizing operations of AJS in Kenya.

 

The program’s goal is to develop a learning community of peacebuilders who are able to integrate teachings on trauma, restorative justice and resilience into their work. The program was implemented in partnership with Mennonite Central committee, Kenya (MCC). The program took a holistic approach on trauma, drawing on trauma science, conflict transformation, restorative justice, and human security; which pays attention to the body, brain, beliefs and needs; and recognizes multiple forms and sources of trauma.

 

Restorative justice work appreciates victims’ needs, offenders’ needs and community needs as well as the responsibilities of each – in such a way as to move toward justice in a way that might restore peace in relationships. By sharing these approaches and encouraging formation of a learning community, the plan helped integrate restorative justice and trauma and resilience lessons into peace work in Kenya and broaden the understanding of – and responses to – trauma beyond emergency, individual-focused, psycho-social support, and justice beyond commissions and lawsuits. A total of four (4) learning communities were formed and are implementing trauma awareness and restorative justice projects.