PRACTICE OF KENYAN LEGAL CODES AND THE EFFECTIVE APPLICATION OF INFORMAL CONTROLS AND SANCTIONS IN MAINTAINING SOCIAL ORDER
DOI:
https://doi.org/10.14738/assrj.510.5189Keywords:
Community Perception, Social Order, Legal Codes, Informal Controls and sanctionsAbstract
Despite being in existence since immemorial, informal controls and sanctions has never been given due attention in the practice of restoring social order by many legal systems. This is evident by the non recognizance of resolutions made informally by the jurisprudence. This has made many people contempt informal controls and sanctions in checking social misbehaviors. This paper seeks to find out whether the practice of Kenyan legal codes hampers effective application of informal controls and sanctions in maintaining social order in Chiakariga Ward, Kenya. This study employed interview method and structured interview schedule as a tool to collect primary data from 100 respondents and analyzed the collected data using SPSS version 20. This study finding found out that practice of Kenyan legal codes has down played informal controls and sanctions in maintaining social order in Chiakariga Ward. This suggests that informal controls and sanctions conflict with principles of Kenyan legal codes in practice rather than supporting and complementing each other. Study also indicated that aspects of modernization and social structure has made residents of Chiakariga ward shy away from informal practices due to their changed world view points.
References
Bishop, D. M. (1984). Legal and extra legal barriers to delinquency. Criminology, 22(3), 403-419.
Boege, V. (2006). Traditional Approaches to Conflict Transformation: Potential and Limits. Bregh of Research Centre for Constructive Conflict Management. http://www.berghof-handbook.nd (Accessed on May 10, 2016).
De Wet, C. (2003). Eastern Cape educators’ perceptions of the causes and the scope of school violence. Acta Criminologica, 16(3), 89-106.
Dissel, A. (1997). Youth, street gangs and violence in South Africa. Centre for the Study of Violence and Reconciliation (CSVR). [Online] Available: http://www.csvr.org.za/wits/papers/papganga.htm (August 23, 2011).
Durkheim, É. (1964). In G. Simpson (Ed.), The Division of Labor in Society. New York: London
Fagan, J, & Meares, T. L. (2008). Punishment, deterrence and social control: the paradox of punishment in minority communities. Yale law School, Faculty Scholarship SeriesPaper527.[Online]Available:http://moritzlaw.osu.edu/osjcl/Articles/Volume6_1?FaganMeares-PDF.pdf (May 23, 2011).
Faull, A. (2011). Corruption in the South African Police Service: civilian perceptions and experience. Institute for Security Studies (ISS), Paper 226. November 2011
Galadima, H.(2006). Peace Support Operations in Africa. Introduction to Peace and Conflict Studies in West Africa: A Reader. Best, G.S. (Ed.). Spectrum Books Ltd Ibadan.
Groenewald, H and Peake, G. (2004) Police Reform Through Community Based Policing: Philosophy and Guidelines for Implementation. Policy Paper, September 2004.
Jiang, S., & Lambert, E. G. (2009). Views of formal and informal crime control and their correlates in China. International Criminal Justice Review, 19(1), 5-24.
Konteh, R. (2006). Responding to Conflict: The Role of Civil Society in West Africa. Introduction to Peace and Conflict Studies in West Africa: A Reader. Best, G.S.(Ed.).Spectrum Books Ltd Ibadan. Pp: 272–294.
Lubuva, J. (2004). Community Approach to Security, Social Inclusion and Development In Tanzania. A Paper Presented at the Dialogue on Promoting Coexistence and Security in the Information Society, Barcelona, September9-11, 2004
Mampane, R, & Bouwer, C. (2011). The influence of township schools on the resilience of their learners. South African Journal of Education,(31), 114-126.
Neuman, W., L. (2003). Social Research Methods: Qualitative and Ethiop. J. Educ. & Sc. 6(1) September 2010 108 Quantitative Approaches (5th ed.). Boston: Allyn and Bacon.
Nleya, N., & Thompson, L. (2009). Survey methodology in violence prone Khayelitsha, Cape Town, South Africa. IDS (Institute of Development Studies) Bulletin,40(3), 50-57.
Odinkalu, C. A. (2005). When did the Police become (Y) our Friend? Changing Roles of Civil Society in Promoting Safety and Security in Nigeria” Crime and Policing in Nigeria: Challenges and Options in Alemika E.E.O and Chukwuma I.C. Eds. Lagos: CLEEN Foundation. Chapter 1: 35- 48
Palmary, I., & Moat, C. (2002). Preventing criminality among young people. Centre for the Study of Violence and reconciliation (CSVR), December 2002. [Online] Available: http://www.csvr.org.za/docs/crime/preventingcriminality.pdf (March 12, 2012).
Pelser, E. (2008). Learning to be lost: youth crime in South Africa. Discussion Paper for the HSRC Youth Policy Initiative, Reserve Bank, Pretoria, 13 May 2008. Centre for Justice and Crime Prevention. [Online]
Available: http://www.hsrc.ac.za/Document-2774.phtml (June 10, 2011).
Sexual Offences Act No 3 of 2006, Laws of Kenya.
Schönteich, M. (1999). Assessing the crime fighters: the ability of the criminal justice system to solve and prosecute crime. Institute for Security Studies (ISS), Occasional Paper No. 40, September 1999.[Online]
Available: http://www.iss.org.za/uploads/paper40.pdf (July 25, 2011).
Singh, D. (2005). Restoring to community justice when state policing fails: South Africa. Acta Criminologica, 18(3), 43-50.
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