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Jemshah
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Asked: 2023-01-20T04:46:04+00:00 In:

Explain four circumstances under which African customary law is applicable in Kenyan courts. (8 marks)November 2022

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Explain four circumstances under which African customary law is applicable in
Kenyan courts. (8 marks)November 2022

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    1. When the parties involved in a dispute have agreed to apply customary law: If the parties to a dispute have agreed to apply customary law, the court will take this into consideration and apply the relevant customs to the case.
    2. When the dispute concerns property or family matters: Customary law is often applied in cases involving property disputes and family matters, such as inheritance, marriage and divorce. This is particularly true when the parties involved are of the same ethnic group and their customs are not in conflict with the Constitution of Kenya.
    3. In criminal cases, when the accused is charged with an offense under customary law and the parties involved consent to the application of customary law: In criminal cases, customary law can be applied if all parties involved agree to it and the accused is charged with an offense that is recognized under customary law.
    4. When the customary law is not in conflict with the written law: The court will only apply customary law if it does not conflict with written laws such as the Constitution, and it meets the standard of natural justice, reasonableness and fairness.
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