The Place of Customary Law in the Hierarchy of Legal Norms in Kenya
Mutugi, Nyaga Dominic
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The 2010 Kenyan Constitution, unlike the independence Constitution, endorses the significance of customary law and provides for its application within the legal system. The operative integration of customary law is provided for by Article 2(4) and given further credence by Article 159(2)(c). These constitutional provisions entrust the courts with a specific mission to apply and interpret customary law to promote access to justice. However, the jurisprudence emanating from the courts confirms that Kenyan judges give precedence to state law over customary law.