Experts call for need to sensitise Northeastern on limits of ‘Maslah’

Experts have called for sensitisation on the limits of alternative justice system in Northeastern.

AJS, popularly known as Maslah among the Somali, has reportedly been abused and used to infringe on the rights of people.

Mercy John, a state counsel from the office of the National Legal Aid Service says there are instances the system has been used to settle cases such as defilement, murder and rape.

Maslah has for decades been used to settle cases among Somalis. 

However, over the years, leaders and civil rights activists have criticised the system.

Gikunda spoke in a Garissa when she led a team from the National Legal Aid Service’s office to conduct a legal awareness training.

She said they intend to conduct an AJS training in April to educate the community on the limits of Maslah and other alternative forms of justice.

The state agency provides free legal advice, free legal representation and also helps to draft court documents.

It also trains individuals and communities on self-representation, use of alternative justice systems like mediation and other legal services.

“Basically what we are saying is that they should not be inconsistent with the Constitution and they should also not be repugnant to justice and morality. They should also conform to all written laws in Kenya,” she said.

Kisuya Caleb, an advocate said land disputes are the major problems since many landowners don’t have title deeds.

“We are thinking of addressing this problem through the National Lands commission and other relevant offices,” he said.

Abdimalik Hajir from Haki na Sheria said it is important for communities to know their rights and privileges.

He said many forced disappearances occur due to lack of knowledge.

Hajir said many security agencies are taking advantage of the ignorance on the law to harass community members.

Chief Justice Martha Koome is set to launch The Garissa court, which was established as an AJS facility.