The wretched African traditionalists in Kenya : the challenges and prospects of customary law in the new constitutional era
Date
2016-01
Authors
Ambani, Osogo J .
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
Article
Keywords
African Traditionalists, Kenya, Customary Law, Customary Law Systems, Law, Constitution