(Strathmore University Press, 2016-01) Owino, Lisa
Historically, African customary law has occupied the lower rungs of the legal
ladder, often being set aside for more formal laws. This is primarily due to the
introduction of western and religious legal systems through the exploration of
western nations into Africa, missionary activity and, subsequently, colonisation.
However, African countries – including Kenya – are making an effort to give
due recognition to customary law. This paper discusses the steady degradation of
customary law from the colonial period to the promulgation of the Constitution
of Kenya 2010 where there are attempts to resuscitate its application, it also
discusses the challenges that the courts may face in this application of customary
law today and possible solutions to these challenges.