Describe the extent to which customs are source of law in Kenya

      

Describe the extent to which customs are source of law in Kenya.

  

Answers


Chriss
Customs are rules and regulations that guides various kinds of relationships between members of a community, though the content may be different in various communities or villages. It is used as a guide in civil cases which affects people belonging to the same ethnic group. This is applicable so long as it doesn’t conflict with the statutory law.
The customary laws are applicable to the extent that they should not contradict the written law. In case the two collides, then the national constitution supersedes the customary law.
In the current constitution promulgated in 2010, it has the provisions on customary law. “supremacy of this constitution” that any law, including customary law, that is inconsistent with this constitution is void to the extent of inconsistency and any act or omission in contravention of this constitution is invalid.
Kchris answered the question on November 9, 2018 at 13:29


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