Justice Versus Peace in Northern Kenya

The conflicting relationship between
peace and justice is frequently debated in the field of
transitional justice. The obligation to prosecute serious
crimes can contradict the measures necessary to reestablish
peace among society. The predicament gives rise to a
similar, though less obvious, challenge in many developing
countries, where the formal justice system can be at odds
with conflict management initiatives. Often, due to their
inaccessibility or incompatibility with local socio-cultural
norms, official justice institutions in developing countries
do not fully penetrate the whole of society. In response,
conflict management and peace building initiatives have
proven to be more flexible and responsive to socio-political
realities. While such initiatives may be more efficient in
reestablishing the peace between communities in conflict,
they may contradict the official law. Current policy efforts
and practices in the arid lands of Kenya illustrate this
dilemma. Official justice institutions have proven too weak
or ill-suited to prevent or resolve conflicts between local
communities. To address the prevailing tensions, local ad
hoc peace initiatives have developed which operate on the
basis of local norms and include local stakeholders. Given
their relative success, some high level state agents have
embraced the initiatives. The office of the President is
currently drafting a national policy framework on conflict
management and peace building, which is in part based on the
experiences in the arid lands. Such a policy framework will
ultimately have to deal with a similar dilemma known from
the field of transitional justice: a decision between the
establishment of peace and the application of formal justice
may be required.