The Bukusu cultural council of elders in Trans Nzoia has initiated plans to set up a traditional court to arbitrate over their cultural disputes.
The court premise will be established on a piece of land offered by the management of the Kitale Museum with the county government of Trans Nzoia expected to meet the construction cost.
“The court will have jurisdiction over all cases that are related to disputes and stalemates that are of Bukusu culture in nature like complaints related to dowry payment,” the chairman of the council Peter Masinde said on Wednesday.
Masinde further said the court will also offer interpretations of customary law and develop mechanisms of ensuring members of the community are enlightened on the consequences of deserting their tradition.
“We have noted that there are many cultural disputes finding their way in the courts of law where the judges or magistrates have no knowledge of the Bukusu culture hence their judgments are inconsequential,” Masinde said.
The elders noted that the failure to settle the disputes in a cultural way has led to an increase in calamities like mysterious deaths, accidents and disunity among leaders that are being witnessed in the region.
"Cases like accidents, infidelity and the lack of unity among leaders in the Bukusu community stems from consequences of failing to abide by the tradition that was passed on us by our forefathers,” said the council secretary Kitutu Charles
The elders have also put up a learning centre in the museum to enlighten Bukusu residents who have limited knowledge about their culture owing to civilization and the infiltration of churches in the region.
The court will be replica of the defunct African Tribunal court which was set up by the British colonial government in 1940 on the outskirts of Kitale town to address cultural disputes upon which the court ceased to exist in 1964.
A similar court is situated at the law courts at Sirisia in Bungoma county which has for long been handling disputes relating to dowry, circumcision, burial rites and inheritance as prescribed in Bukusu.