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Jemshah
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Asked: 2022-12-29T04:38:07+00:00 In:

Highlight six conditions that are necessary for African customary law to become a source of law in Kenya. (9 marks)July 2020

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Highlight six conditions that are necessary for African customary law to become a source of law in Kenya. (9 marks)July 2020

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    1. Recognition by the state: One condition that is necessary for African customary law to become a source of law in Kenya is recognition by the state. This means that the state must acknowledge the validity and enforceability of African customary law within its legal system.
    2. Consistency with the Constitution: A second condition that is necessary for African customary law to become a source of law in Kenya is consistency with the Constitution. This means that African customary law must not conflict with or undermine the provisions of the Constitution, and it must be compatible with the fundamental values and principles of the Constitution.
    3. Relevance to the local community: A third condition that is necessary for African customary law to become a source of law in Kenya is relevance to the local community. This means that African customary law must be applicable to and accepted by the local community, and it must be relevant to the needs and concerns of the community.
    4. Coherence with modern legal principles: A fourth condition that is necessary for African customary law to become a source of law in Kenya is coherence with modern legal principles. This means that African customary law must be compatible with and not conflicting with modern legal principles and standards, and it must be able to adapt and evolve over time to meet changing needs and circumstances.
    5. Documentation and codification: A fifth condition that is necessary for African customary law to become a source of law in Kenya is documentation and codification. This means that African customary law must be properly documented and codified in order to ensure its uniform application and to facilitate its use as a source of law.
    6. Adequate legal infrastructure: A sixth condition that is necessary for African customary law to become a source of law in Kenya is adequate legal infrastructure. This means that there must be sufficient legal institutions and mechanisms in place to support the application and enforcement of African customary law, such as courts or tribunals that are specialized in dealing with customary law cases.
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