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IJSRP, Volume 7, Issue 11, November 2017 Edition [ISSN 2250-3153]

      Dr. Scholastica Omondi

Abstract: Transitional Justice is the full range of Judicial and non-judicial processes and mechanisms that assist a society to address past human rights abuses, victims’concerns and accountability, justice and reconciliation, while strengthening the rule of law. This paper adopts the United Nations’ approach to transitional justice that looks at the full range of a society’s attempt to address past human rights violations. The UN approach to transitional justice ensures accountability on the part of the perpetrators, the search for the truth, justice and reparation for the victims. In addition, the approach advocates for the reconciliation of the entire society. Within this context, courts have an important role in ensuring transitional justice by upholding the rule of law, addressingvictims’ concerns and punishing offenders, while ensuring that the penal approaches aim at restoring the peace that existed before the conflict.

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Dr. Scholastica Omondi (2017); The Rule of Law, Transitional Justice and Human Rights: Lessons Learnt Following the 2007-2008 Post Election Violence in Kenya, the 2013 and 2017 Elections and the Role of the Judiciary, as the Country Prepares for yet another Election on 26th October 2017; Int J Sci Res Publ 7(11) (ISSN: 2250-3153).



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