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HARAMAYA LAWREVIEW, Vol.12 (2023) ISSN: 2227-2178 (P) & 2305-3739 (E)
To cite this article: Teferi Bekele Ayana, Administration of Justice in Customary Courts in
Oromia, HARAMAYA LAW REVIEW 12: 1-24 (2023)
ADMINISTRATION OF JUSTICE IN CUSTOMARY COURTS IN OROMIA
Teferi Bekele Ayana*
Abstract
One of the values of federalism is its convenience in dealing with a plurality of laws and
institutions. Ethiopia's federalism exhibits this feature, among others, by envisaging the
possibility of establishing Customary Courts in addition to formal state courts. Accordingly,
Oromia Regional State established Customary Courts by law. This paper examines how the
Courts administer justice in the State. The establishing laws, Customary Courts' cases,
statistical data obtained mainly from the Oromia Supreme Court, documentary films,
secondary sources, and interviews conducted with elders, judges, Abba Gadaas, Haadha
Siinqees, and cultural experts were used as sources of information. Within a time less than
two years, Oromia Customary Courts decided 209, 270 cases out of the 260, 382 total cases
presented to the First Instance Level; and 8,800 cases out of the 12,051 total cases
presented to the Appellate Level. The paper finds that the courts, through cases they decide,
are promoting both access to justice, and Oromo cultures and values. However, they are
suffering from a lack of budget to employ necessary human resources (especially,
secretaries), train their elders, furnish office infrastructures, and mobilize information flow.
Moreover, their criminal jurisdiction is not traceable in both federal and Oromia
constitutions unlike the establishing laws and prevailing practices. The paper suggests
making interventions in these areas by way of mobilizing all budget sources of Customary
Courts and amending the constitution to make the courts more vibrant institutions from
where other Regional States of Ethiopia emulate the experience.
Keywords: Customary Courts, Elders, Legal pluralism, Justice Administration
I. INTRODUCTION
Legal pluralism is a fact of life. It is a situation whereby two or more legal systems coexist
in the same social field.1 It is a situation where more than one legal systems operate in a single
* The initial draft of this article was written as a term paper for my seminar course of Administration of Justice in
Ethiopia in a PhD in Law Program at the School of Law of Addis Ababa University. The author received his LL. B
from Addis Ababa University in 2007, and LL.M in Comparative Public Law and Good Governance from Ethiopian
Civil Service University in 2015. Currently, he is a PhD in Law Candidate at Addis Ababa University, he is serving
as a Lead Assistant Legal Researcher at Oromia Legal Training and Research Institute. He is also Co-founder and
Editor-in-Chief of Oromia Law Journal. He can be reached via: bekele.teferi@yahoo.com. He is thankful to
Haramaya Law Review editorial team and the two anonymous reviewers.
1 Swenson, G., 'Legal Pluralism in Theory and Practice' (2018), 20 INTERNATIONAL STUDIES REVIEW, at 438-
462.
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