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Title: Legal pluralism in Kenya : a study of Tugen-Arror customary family law.
Author: Kwonyike, Joshua K.
ISNI:       0000 0001 3603 3275
Awarding Body: University of the West of England at Bristol
Current Institution: University of the West of England, Bristol
Date of Award: 2002
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This thesis looks at legal pluralisln in fatnily law. Its Inain concern can be divided into two: the extent of co-existence of indigenous customary family law in a Kenyan society on one hand, and state law (principles and rules) regulating family relations, on the other. This study was based on the Tugen-Arror ethnic community in the Rift Valley Province. One among the 43 ethnic groups found in Kenya; a country colonised by Britain from 1895 to 1963. This left a legal structure which is pluralistic in nature. Nothing confirms this more than the sources of law, the institutions and procedures that exist today. As indicated in this thesis, the sources of law in Kenya can be divided into two main categories: First and foremost, those referred in the thesis as 'inherited' or 'official' state laws which were at first introduced during the colonial rule and later through the post-colonial legal institutions. Secondly, those referred in here as 'indigenous' or 'customary law'. These are custolnary 'legal' norms representing the many ethnic communities in Kenya. The aim of the dissertation, therefore, concerns the implications of legal plurality, the co-existence of different legal principles, institutions and processes all interconnected with the various sources of law, on the general operation of customary family law in Kenya. This co-existence of diverse competing legal systen1s, institutions and processes creates an inevitable conflicting situation. This is nowhere better observed than in the rules and processes connected with customary family relations; particularly in marriage, brideprice, divorce and issues pertaining to parentchild relations (adoption, guardianship and fosterage). In the process of discussing these customary family related matters under the auspices of Tugen-Arror customary law, the different facets of customary and family rules, behaviours, relationships and likewise principles, rules and relations under state law are highlighted. The reason for doing so is to try and reveal the different aspects of Tugen-Arror customary practices that differ from those observed in other communities. The dissertation therefore, focuses mainly on the customary practices of the Tugen-Arror community, at a period of social, economic and political change exerted by forces unrelated to their traditional past, values and aspirations deeply entrenched and in which any social change taking place does so with the interest of the wider family at its core.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available