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Application of African Customary Law: Tracing its Degradation and Analysing the Challenges it Confronts
Open accessAbstract
Historically, African customary law has occupied the lower rungs of the legal ladder, often being set aside for more formal laws. This is primarily due to the introduction of western and religious legal systems through the exploration of western nations into Africa, missionary activity and, subsequently, colonisation. However, African countries – including Kenya – are making an effort to give due recognition to customary law. This paper discusses the steady degradation of customary law from the colonial period to the promulgation of the Constitution of Kenya 2010 where there are attempts to resuscitate its application, it also discusses the challenges that the courts may face in this application of customary law today and possible solutions to these challenges.
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“These were all governed in native courts from the perspective of colonial officials (such as a common law lens that was based on British morality and norms of justice through the (in)famous repugnancy clauses ) (Chanock 1989, Owino 2016) and that preserved African traditional elders' male interests (Parpart 1988).”
From The Coloniality and Evolution of African Customary Law (2025) · cites this paper as Owino 2016
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The Coloniality and Evolution of African Customary Law
Gayoye, M. (2025) · Oñati Socio-Legal Series · doi:10.35295/osls.iisl.1976 · Cited by 2
Metadata
- Authors
- Owino, L.
- Affiliations
- Strathmore University (KE)
- Corresponding author
- Owino, Lisa
- Venue
- Strathmore Law Review
- Publisher
- Strathmore University
- Published
- 2016-01-01
- Volume
- 1
- Issue
- 1
- Pages
- 143-164
- ISSN
- 2414-8164 (ISSN-L)
- 2415-5349
- OpenAlex
- W2791762482
- Cited by
- 2
- References
- 0
- Citations by year
- 2026: 1 · 2025: 1
- FWCI
- 0.00
- Type
- journal article
- Language
- en
- Open access
- diamond
- doi.org
- Licence
- cc-by
- Locations
- Strathmore Law Review (publishedVersion, cc-by)
- SU+ Digital Repository (Strathmore University) (submittedVersion)
- Topics
- Social Sciences › Law › Indigenous Peoples' Rights and Law
- Social Sciences › Law › Legal Issues in South Africa
- Social Sciences › Arts and Humanities › Philosophy › African cultural and philosophical studies
- Keywords
- African customary law, recognition of customary law, colonialism, missionary work, Western legal systems, Constitution of Kenya 2010, legal pluralism, Kenya
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