Bibliography

Can the district magistrate administer the whole of the customary law?

In his consideration of the ‘Integration of courts and. application of customary law in Kenya’ (East African Law Journal, 4 (1968), 1/2) Eugene Cotran observes the omission of customary contracts and most customary torts from the list of matters which constitute a ‘claim under customary law’ for the purposes of the District Magistrate’s civil customary law jurisdiction. This paper examines: 1. the intention of the legislature; 2. whether the provisions of section 3 (2) of the Judicature Act, 1967, apply to extend the provisions of section 2 of the Magistrate’s Courts Act, 1967; 3. the view of the courts affected, namely the District Magistrate’s Courts and the High Court. Notes.

Title: Can the district magistrate administer the whole of the customary law?
Author: Nowrojee, P.E.
Year: 1973
Periodical: East African Law Journal
Volume: 9
Issue: 1
Pages: 59-76
Language: English
Geographic term: Kenya
Abstract: In his consideration of the ‘Integration of courts and. application of customary law in Kenya’ (East African Law Journal, 4 (1968), 1/2) Eugene Cotran observes the omission of customary contracts and most customary torts from the list of matters which constitute a ‘claim under customary law’ for the purposes of the District Magistrate’s civil customary law jurisdiction. This paper examines: 1. the intention of the legislature; 2. whether the provisions of section 3 (2) of the Judicature Act, 1967, apply to extend the provisions of section 2 of the Magistrate’s Courts Act, 1967; 3. the view of the courts affected, namely the District Magistrate’s Courts and the High Court. Notes.