Rethinking Kenya's Carceral Systems for Reforms
Before colonial rule, African societies had well-established and effective systems for addressing social issues, including crime and mental health challenges. These systems were deeply rooted in principles of restorative justice, emphasizing reconciliation, restitution, and the reintegration of offenders into the community, rather than punitive measures that alienated individuals. In Kenya, different ethnic communities had sophisticated mechanisms for resolving disputes and maintaining social harmony. Among the Agikuyu, disputes were handled by a council of elders known as the Kiama. In cases of serious offenses, such as murder, the offender’s family was required to pay restitution (murume) to the victim’s family, often in livestock or other valuables. This ensured justice while preserving relationships. Cleansing rituals were also performed to restore peace and reintegrate the offender into the community. The Luo community employed a similar system, where elders mediated conflicts, ...