The wretched african traditionalists in Kenya - The challenges and prospects of customary law in the new constitutional era

Date
2015-06
Authors
Ambani, Osogo J
Ahaya, Ochieng
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University Press
Abstract
The modern African judge will be the first to acknowledge that, in many senses, the problems faced by British judges in colonial Africa have not vanished. Almost one hundred percent of the African judiciary is now African. But even though there is no longer the gross disparity of national origin between a judge and his community, a judge often does not come from the particular locality whose ethnic law he is administering. A part from this ethnic question, there is an enormous educational and cultural gap between a senior judge with a western education and the ordinary families he may deal with. Thus, the judicial system may have moved from a problem of race and ethnicity to one of class.
Description
A journal article published in Strathmore Law Journal, SLJ Volume 1, Number 1, June 2015.
Keywords
African traditionalists, Kenya, Customary law, New constitutional era, Judge
Citation