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)

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In postindependence Kenya there have been significant modifications to the use of the repugnancy clause reflecting a shift towards incorporating justice and moral standards that are more aligned with ... View the full answer