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Notes On Native Law and Custom in Kenya: I

Published online by Cambridge University Press:  28 July 2009

Extract

It is natural that customary law, as compared to written laws, varies like language from tribe to tribe and that in larger or scattered tribes there are different practices within a tribe itself. Customary legal systems have not been recorded in full. For example, the Turkana who are purely pastoral have no formal land law because grazing and rights to water are common to all members of the tribe. The Ndorobo had transitional rights of hunting and honey-gathering in certain ridges, but have refused to extend such exclusive rights to the cattle of the right-holders, while the Bantu generally have highly developed systems of land tenure in their agricultural areas.

Type
Research Article
Copyright
Copyright © School of Oriental and African Studies 1962

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References

page 193 note 1 The title of Mr. Gulliver's book on the Turkana.

page 195 note 1 Turkana observations were made by the writer, stationed there 1950–52.

page 195 note 2 From political records at Provincial Headquarters, Mombasa.

page 197 note 1 Kilaza Malu, e.g. Kaloleni 171 of 1961.

page 198 note 1 Kaloleni 133, 134, 135 of 1961.

page 198 note 2 Rabai 125/61, Kaloleni 137, 121/61, Ganda 162/61.

page 199 note 1 Githurguri 1053/57, 378/59, 1254/57.

page 200 note 1 District Officer's confirmation case, Githurguri 342/57.

page 202 note 1 Cf. Phillips, Report on native tribunals, 1945.

page 204 note 1 Cf. Phillips, Report on native tribunals, 1945.