What is customary law Kenya?
DEFINITION. Customary law is a body of customs and traditions which regulate various kinds of relationships between members in a community. Customary laws are said to be applicable to the extent that they are not repugnant to justice, morality or any other written law. CUSTOM AS A SOURCE OF LAW.
What are the types of customary law?
There are as many customary laws in the country as there are communities. Three marriage types are recognized in the country: customary, religious and civil law marriages.
What is the characteristics of customary law?
SALIENT CHARACTERISTICS OF CUSTOMARY LAWS Customary law has several features which include inter alia: 1 It is largely unwritten 2 It is accepted as binding in the society. 3 It differs from tribe to tribe i.e. it is not uniform 4 It must be in existence at the material time.
What is the official customary law?
Official customary law refers to law carried out in courts in accordance to statutes such as the Recognition of Customary Marriages Act of 1998 (26) (and others mentioned above). On the other hand, ‘living’ customary law refers to the social experiences of those living according to customary law.
What is the purpose of customary law?
Customary international law consists of rules that come from “a general practice accepted as law” and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims.
How is customary law Recognised today?
Customary laws are passed on by word of mouth and are not codified (nor can they be easily codified). In addition, they are not singular throughout Australia — different language groups and clans have different concepts of customary law, and what applies within one group or region cannot be assumed to be universal.
How customary law is created?
Another is the creation of customary law when states adopt as their practice, acting out of a combination of a sense of legal obligation and in response to some of the pressures described above, rules that originally were merely expressed in solemn (but nevertheless non-binding) declarations.
What are customary practices?
Customary practices are defined as practices inherited from the past that are accepted and respected by the members of a community. Such practices become damaging to the health of children when they harm their physical or mental health, and thus threaten their lives or their development.
What is the importance of customary law?
They can define rights and responsibilities of members of indigenous peoples and local communities on important aspects of their life, culture and world view: customary law can relate to use of and access to natural resources, rights and obligations relating to land, inheritance and property, conduct of spiritual life.
What is the history of cusomary law in Kenya?
HISTORY OF AFRICAN CUSOMARY LAW IN KENYA With regard to the pre-colonial period, before arrival of the Europeans indigenous legal institutions was the law. They were customary in origin and type. They were not uniform due to ethnic groupings.
Are there any customary law courts in Kenya?
However, the various courts in Kenya have varying levels of jurisdiction in customary law. Under the Constitution, the High Court has original unlimited jurisdiction in all civil and criminal matters. Though not specifically stated, this jurisdiction includes customary law jurisdiction.
How does customary law of inheritance work in Kenya?
Under customary law in Kenya, succession of property is patrilineal, that is through the male line.89 The main features of customary law of inheritance include communal holding of land and property, supremacy of males (particularly the eldest son), and general exclusion of women from inheriting, particularly land.
Is there such thing as African customary law?
No wonder many modern African law practitioners who trained under the received Common Law System do think that “African customary law” is not qualified enough to be considered as a legal system.