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15 Oromia L.J. 1 (2026)

handle is hein.journals/oromia15 and id is 1 raw text is: 

Joornaalii Seeraa Oromiyaa [Jiil 15, Lak.1, 2018]


     BETWEEN LAW AND CUSTOM: THE JURISDICTION OF
     CUSTOMARY COURTS IN OROMIA REGIONAL STATE OF
                              ETHIOPIA
                                                 Zelalem Tesfaye Sirna*
                                                     Muradu Abdo Srur**

Abstract

Since 2021, the Mana Murtii Aadaa (Customary  Court) has been recognized
and  institutionalized across the Oromia Regional State of Ethiopia, with a
mandate  to adjudicate civil matters, petty offenses, and crimes prosecutable
upon  complaint. The Mana  Murtii Aadaa is neither identical to indigenous
restorative justice processes nor equivalent to regular state courts. This
paper  argues that the recognition and establishment of the Mana  Murtii
Aadaa  in Oromia form part of a neo-indigenous movement that draws on key
elements  of indigenous epistemologies while simultaneously engaging  in
dialogue with the state judicial system. Consequently, it straddles state law
and customary practice, respecting the constitutional order on the one hand,
while retaining its restorative and reconciliatory character in transforming
disputes and  conflicts on the other. The study  relies on primary data
collected through key informant interviews with three senior judges of the
Oromia  Supreme  Court, five focus group discussions, and observations of
Mana  Murtii Aadaa  proceedings in Sululta Sub-City of Shaggar City. The
paper finds that its establishment has created a space for innovation on the
one hand, while also generating skepticism among scholars and stakeholders
on  the other, particularly regarding its validity, viability, and relevance
within the country's judicial system. Moreover, the impact of the Mana
Murtii Aadaa  on advancing access to justice and promoting women's rights
remains  to be fully assessed. Nonetheless, the study concludes that the
emergence  of  the Mana  Murtii Aadaa   represents a novel and  evolving
customary  judicial development toward a  restorative, reconciliatory, and
inclusive justice model.

Keywords:   Customary Court, Judicial Jurisdiction, Customary Law, Oromia
Regional State

*LL.B, LL.M, MA, PhD Candidate; Assistant Professor, Salale University; email address:
zelalem.tesfave430@gmail.com

**LL.B, LLM, PhD, Professor of Law, School of Law, Addis Ababa University; email
address: muradu.abdokaau.edu.et


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Oromia Law Journal [Vol.15, No.1, 2026]