• Login
    View Item 
    •   SU+ Home
    • Research and Publications
    • Strathmore University Academia+
    • SU Scholarly Articles
    • View Item
    •   SU+ Home
    • Research and Publications
    • Strathmore University Academia+
    • SU Scholarly Articles
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Customary law jurisprudence from Kenyan courts: implications for traditional justice systems

    Thumbnail
    View/Open
    Article (277.1Kb)
    Author
    Kariuki, Francis Kamau
    Metadata
    Show full item record
    Abstract
    For a long time, the jurisprudence emanating from Kenyan courts has treated African customary law as an inferior source of law in comparison to formal laws. Consequently, certain customary practices and traditions that can foster social justice and peaceful coexistence amongst communities such as traditional justice systems had not been formally recognized in law. However, the 2010 Constitution recognizes customary law and the use of traditional dispute resolution mechanisms in resolving disputes. It also protects the culture and other cultural expressions of the people. This recognition is important because of the close interlink between traditional justice systems and customary law. In this paper, an examination of previous court decisions dealing with customary law is attempted to glean courts approach to customary law in the past and whether it can influence the application of traditional justice systems in enhancing access to justice. The paper posits that the way courts have interpreted customary law since the advent of colonialism may be a barrier to the application of traditional justice systems. A need therefore arises for courts to develop a jurisprudence that is supportive of customary law and traditional justice systems. A change of mindset and perceptions amongst judges, lawyers and the wider citizenry towards customary law is required if traditional justice systems are to contribute to enhanced access to justice for communities in Kenya.
    URI
    http://hdl.handle.net/11071/3868
    Collections
    • SU Scholarly Articles [88]

    DSpace software copyright © 2002-2013  Duraspace
    Contact Us | Send Feedback
    Theme by 
    @mire NV
     

     

    Browse

    All of SU+Communities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

    My Account

    Login

    Statistics

    View Google Analytics Statistics

    DSpace software copyright © 2002-2013  Duraspace
    Contact Us | Send Feedback
    Theme by 
    @mire NV