Integration of courts and application of customary law in Kenya (with comparisons with Uganda and Tanganyika)

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Periodical article

Title:	Integration of courts and application of customary law in Kenya (with comparisons with Uganda and Tanganyika)
Author:	Cotran, E.
Year:	1968
Periodical:	East African Law Journal
Volume:	4
Issue:	1-2
Pages:	14-20
Language:	English
Geographic term:	Kenya
Subjects:	judicial system customary law
Abstract:	The Kenyan Magistrate's Courts Act, 1967 abolishes the African Courts and creates a three-tier hierarchy: 1. District Magistrate's Courts, 2. Resident Magistrate's Courts, and 3. The High Court. In addition the Kadhi's Court Act, 1967 establishes six Kadhi's Courts instead of the 'Muslim subordinate courts'. There are two significant matters under the new system: 1. all courts have jurisdiction over all persons irrespective of race, 2. there is no restriction on legal representation, so that advocates may appear before any court. The article exposes the jurisdiction of the District Magistrate's Courts, the Resident Magistrate's Courts, and the Kadhi's Courts. The second part of the article discusses a) the definition and b) the application of customary law.