Reconciling African Customary Law and Human Rights in Kenya: Making a Case for Institutional Reformation and Revitalization of Customary Adjudication Processes

Authors

Laurence Juma, University of Nairobi

First Page

459

Document Type

Article

Abstract

African Customary Law is the totality of norms comprised of what has variously been described as "native law," "native customary law," "primitive law," "folk law," "informal law," "non state law," "indigenous law" and even "tribal law." The nomenclature conceptualizes the perception of customary law as being inferior to other laws within a legal system.' It also affirms the distinctiveness with which African Customary Law has been regarded, while evaluating the response of African legal polities to normative developments in the international arena. This form of isolation of African Customary Law has obscured its dynamism, shackled its potential as a possible promoter of human rights, and reduced its worth in the realms of legal theory analysis. Moreover, African Customary Law has been severely bludgeoned where its viability has to contend with tons of discourses pointing to its incongruence with reigning principles of international human rights law.

Recommended Citation

Laurence Juma, Reconciling African Customary Law and Human Rights in Kenya: Making a Case for Institutional Reformation and Revitalization of Customary Adjudication Processes, 14 St. Thomas L. Rev. 459 (2002).
Available at: https://scholarship.stu.edu/stlr/vol14/iss3/2