Exploring The Feasibility Of Restorative Justice As A Mechanism For Reconciliation Among The Survivors Of Kenya’s Ethnopolitical Violence,

Following Kenya’s instances of ethno-political violence in the period 1992-2012, there are concerns that a comprehensive redress for victims of human rights abuses remains largely a mirage. This study is driven by the concern that despite numerous transitional justice efforts carried out by the government and the civil society, relationships among communities in Molo sub-county remain tense, marked with suspicion and a desire for revenge. This study seeks to find out whether restorative justice mechanisms can bridge the interventional gaps left behind by past initiatives. If this is achieved, it will serve as the basis for achieving healing and reconciliation amongst the most affected communities of Molo sub-county and its environs. In order to achieve this goal, this study analyzes the historical development of Kenya’s ethno-political violence (1992 – 2012); evaluates past transitional justice initiatives and seeks whether restorative mechanisms can bridge the existing interventional gaps. This research was guided by the conflict transformation framework favored for its ability to deal comprehensively with both structural and cultural dimensions of conflict in seeking resolution and total change of conflict dynamics. This study adopted a qualitative research method and was conducted through face-to-face interviews and participant observations utilizing semi-structured interview guides and respondents’ narratives. A total of 91 respondents among them focus groups, survivors, integrated Internally Displaced Persons (IDPs), and key informants in and around Molo sub-county, and in Nairobi and Kiambu regions were interviewed. This research traced the root causes of the periodic electoral violence to three key factors namely land, politics and ethnic identity. In the evaluation of past transitional justice interventions, the researcher identified existing gaps, which she hoped would be filled using restorative justice mechanisms due to their community-level, participatory, bottomup approach. The researcher found out that contrary to common belief by many scholars, restorative justice is contextual and therefore not fit for all settings since truth telling, justice and reparation concerns are varied. To the researcher’s surprise, respondents favored conflict management more highly than conflict transformation, and were satisfied with any peace that enabled them to go about their daily chores even if it was negative peace. Negative peace and conflict management, rather than positive peace and conflict transformation were deemed good enough for these communities.