Decolonising Kenya’s legal system: The role of legal education, philosophical foundations, and constitutional interpretation
Year: 2025
Type: article
Abstract: This paper investigates the vital roles of legal education, philosophicalfoundations, and constitutional interpretation in decolonising Kenya’slegal system. It begins by contextualising decolonisation within historicalframeworks of colonialism, highlighting the persistent influence ofcolonial structures on contemporary legal practices. The analysis revealsthat legal education in Kenya has largely perpetuated colonial narratives,necessitating a shift towards inclusive pedagogies that integrate indigenousknowledge systems. Philosophically, the paper critiques simplistic notionsof integrating indigenous practices, advocating instead for a nuancedapproach that recognises the complexities of identity and culture in a postcolonialcontext. Furthermore, it examines how constitutional provisionscan either support or obstruct the integration of customary laws into thenational legal framework. Ultimately, this work underscores the necessity forcomprehensive reforms across these domains to achieve a truly decolonisedlegal system in Kenya.
Source: Kabarak law review.
Author: Rachael Kipkoech
Language: English
Subfield: Education
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7142572448
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