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Customary Law Question Paper

Customary Law 

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2010



Answer a total of THREE questions.Question ONE is compulsory.

Question One:
Discuss the place of African customary law in Kenya's new legal and constitutional dispensation. (30 marks)

Question Two:
"Unlike most states in North Africa,Kenya is a secular state.State and religion are distinct and have their separate sphere."

Anonymous

Do you agree?Support your answer with the help of relevant authorities.(20 marks)

Question Three:
Write explanatory notes on :
i)The jurisdiction of Kadhis courts under the 2010 Constitution(10 marks)

ii.)Traditional dispute resolution mechanisms as envisioned by the 2010 Constitution
(10 marks)
Question Four:
To what extent is Islamic customary law a source of law under Kenya's new constitutional order. (20 marks)

Question Five:
"Article 2(5)&(6)of the Constitution envisions international law as source of law in the legal system.International law,especially international human rights law,is unlikely to co exist with African and Islamic customary laws,even the common law.Students of the law must therefore anticipate a legal revolution in the next few years."
Anonymous.

Discuss. (20 marks)




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