In colonial Kenya, courts used justice and morality standards imported from England to determine the repugnancy or
Question:
In colonial Kenya, courts used justice and morality standards imported from England to determine the repugnancy or otherwise of African customs. This situation was evidenced in R v Amkeyo where the Court of Appeal stated as follows:
'In my opinion, the use of the word "marriage" to describe the relationship entered into by an African native with a woman of his tribe according to tribal custom is a misnomer which has led in the past to considerable confusion of ideas. I know of no word that correctly describes it; "wife-purchase" is not altogether satisfactory but it comes much nearer to the idea than that of "marriage" as generally understood among civilized people.'
Drawing from post-independence statutes and case-law, discuss the extent to which use of the repugnancy clause has been modified to fit the justice and moral standards of Kenya and its communities. (30 marks)
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts