Gabbra woman, Kenya, by Steven Goethal

Gabbra children, northern Kenya.

Customary law is the indigenous law of the various ethnic groups of Africa. The pre-colonial law in most African states was essentially customary in character, having its sources in the practices and customs of the people. ...

African Customary Law : An Introduction by Peter Onyango

Kikuyu, Kamba, Borana, Gabbra,Turkana, Pokot, Nandi, Pokomo, Orma, Kipsigis, Tugen, Giriama, Luhya, Kuria, Gusii, Meru, Ogiek and Luo each with its own customary law that can be codified into handy legal documents that can be used as point of reference. A conference on “The future of law in Africa”​​, held in London on December 28 and January 8, 1959, assessed the relevance and compatibility of the African legal system which served as an indicator 26 for many African jurists modern. It is at this conference that we, African jurists, must begin our academic investigation on the future of African customary law and its compatibility with the modern world.

While we are trying to determine whether African customary law is “law” or “simple customs”, a legal system or simply moral principles, or whether it is correct to speak of African customary law today or not , we are required to answer the question “What is law from an African perspective?” Or what is the conception of law in Africa?

In a simplified way in the Anglo-Saxon traditions and in the English framework the term law is used often to refer to several things such as traffic law, contract law, evidence law, tort law, criminal law, and environmental law. English lexicon demonstrates that the word law can be double facet or dichotomous. In one way it can show the normative or objective aspect of law in terms of posited norms that are binding on a community. On the other hand the word law can also contend the subjective aspect of law other than norms or what is known as the spirit as opposed to the letter (a set of written rules). At the common law understanding both notions of law can be referred to by the same term, the law. In the table below we can understand the normative and subjective meanings contained in the word “the law” treated in separate terms. It makes it easier to distinguish law as legislation and law as right. Certain African languages also make such clear distinctions.

Kiswahili word Sheria and Haki all express two contentions that reflect the normative and subjective meanings of law. While sheria refers to normative aspect of law as a set of rules that regulate human conduct and behavior in society, haki connotes the question of rights in the subjective sense. Haki contains what we shall refer to as the spirit of law and in this manner Haki Yetu – Our right translates into...

It would not make much sense to evaluate the nature of customary law before explaining its fundamental functions or understanding how such customs exist or disappear from existence.

The Pre-colonial Africa, from time immemorial, had had organized societies of people who had well defined rules and principles that were serving to ascertain order and harmony in a consistent and systematic manner. Disputes were settled through customary law mechanisms that placed certain degrees of sanctions on the offenders. Yeah, the colonial regimes introduced Western law to Africans but Law had been there to deal with social conduct, social pathologies and served as modus operandi in the best interest of the society before the Europeans’ domination. It is just sufficient to think of the ancient African kingdoms and organized societies that had their own legitimate authorities that would deal The Concept of Law.

African Customary Law:

Going by the fact that law takes both moral and positivist approaches, customary law are not abstract theories, or ideas, but concrete and factual realities expressed in day-to-day social phenomena. It is true that customary law tends to express itself more in its moral dimension and subjective notion than the posited state laws emphasizing the normative aspect of law. With the colonization and post-colonization process de jure independent African States enthusiastically adopted Western legal systems and legal conceptions, forgetting the need to develop their legal systems. The legacy of colonialism that brought Western civilization in terms of literature and formal schools sort of killed the oral traditions and certain analogous values of the indigenous people depriving them of some of their fundamental rightful legal traditions. However, this phenomenon did not hinder Africans from the perpetual struggle to maintain their legal identity as Africans making many states superimpose customary law within their Constitutions. A lot more is still brewing as some African modern intellectuals, scholars and researchers are determined to go down in the books of history as authors of “customary law”.

KENYA Kenya is one of the best examples where African customary law has been referred to as one of the subordinate sources of law under the Judicature Act. Kenyan legal tradition recognizes customary law in the African Christian Marriage and Divorce Act, that includes customary marriages, divorce, succession and others. Perhaps what can be termed as practical in the customary law is covered in the Evidence Act in which the court makes reference to witnesses or experts of such customs, as best expressed in the SM Otieno case in 1986. It is also correct to affirm that African customary law is well accommodated in the court precedents following court rulings. The same disputes on burial rights were again witnessed after the polemical death of a Kenyan athlete, K. Wanjiru in 2011. There are numerous court cases linked to traditional marriages or reference is made to customs in cases of divorce or any family litigation. Following the Kenyan case it is right to believe that customary lawyers still prefer customary law to African legal system. The latter includes both written and unwritten law whereas the former only addresses unwritten LAW. It is unfair to keep African customary law at its present status but uplift it through literature to a level of codified texts that would form core basis for references.

gabbra, kalacha, quênia, eric lafforgue

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The people of Northern Kenya

The people of Northern Kenya

The Marsabit-Lake Turkana Cultural Festival was finally here with us. I could not wait to meet and learn more about the famous 14 tribes, that had been used to market this annual event, which had taken place since 2008.

The festival was proposed by the local communities living in Marsabit County, in order to promote peace and reconciliation amongst them.

Galgallo is part of the Konso people, who…

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FINALLY got to the other side of the world to frame a range of mountains from start to end. What you see is 150+ km constricted in photography. Home to many elephants. If you can spot the highest point in the midground, call it Warges. This photo is taken from a vantage point in Sera Conservancy, A 2 and 1/2 hr drive through rough terrain colonized by seasonal rivers whose floors scream fine sand & spot hyena footprints. Hyenas are a menace here, often raiding Manyattas for goat meat. I can even hear them wailing and laughing as I walk to my tent. Mischievous pricks. Through this Northern Rangelands Trust assignment, my eyes have been opened to more than 4 cultures. Samburu, Rendille, Gabbra and Borana. I have also seen with my bare eyes what a little bit of education and introduction to business can do to someone in an arid area. A lot to learn, a lot to process to fine quality and many more miles left to cover

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The Rendille tribe is a Cushitic tribe that inhabits the climatically harsh region between the Marsabit hills and Lake Turkana in Northern Kenya. Here they neighbor the Borana, Gabbra, Samburu and Turkana tribes. Rendille are semi-nomadic pastoralists whose most valued animal is the camel.

KENYA'S ETHNIC GROUP POPULATION RANKING-2019 CENSUS

KENYA’S ETHNIC GROUP POPULATION RANKING-2019 CENSUS

KENYA’S ETHNIC GROUP POPULATION RANKING-2019 CENSUS. KIKUYU 8,148,668 LUHYA 6,823,842 KALENJIN 6,358,113 LUO 5,066,966 KAMBA 4,663,910 KENYAN SOMALI 2,780,502 KISII 2,703,235 MIJIKENDA 2,488,691 MERU 1,975,869 MAASAI 1,189,522 TURKANA 1,016,174 TESO 417,670 EMBU 404,801 TAITA 344,415 SAMBURU 333,471 KURIA 313,854 BORAN 276,236 THARAKA 220,015 MBEERE 195,250 ORMA 158,993 SUBA 157,787 GABBRA…

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Lake Turkana, formerly known as Lake Rudolf and Lake Rudolf, is a lake that mark the northern end of the Great Rift Valley. Covering an area of ​​6405 km2 and a length of about 300 km, it is mainly on the territory of Kenya. Its northern end is in Ethiopia. The lake was originally named Lake Rudolf in honor of the crown prince of the Austro-Hungarian Empire Rudolf of Habsburg-Lorraine Samuel Teleki von etLudwig Höhnel in 1888. It was renamed Lake Turkana in 1975. This is the largest permanent desert lake in the middle and largest alkaline lake . Its alkaline water that it does not represent a major economic interest. The area is hot and very dry . Winds to sea or towards the shore can be extremely powerful , the lake warms and cools more slowly than land. The geology is dominated by volcanic formations. Fault Rift is accompanied by effusion of lava, spectacular volcanoes such as Longonot and Suswa . At the southern end of the lake arise from recent volcanic units , including Strombolian cone to almost perfect shapes . Three rivers flow into the lake: Omo the Turkwell and Kerio. The only outlet is evaporation. Despite this, the water level fell by 10 meters between 1975 and 1993. The rivers that flow into the lake allow livestock to produce sorghum. Fisheries, including that of the huge Nile perch, attract fewer people. The region has been preserved by its isolation (a three-day drive from Nairobi, the capital) and is visited only very few Western visitors. The inhabitants are mainly Gabbra , the Rendille and Turkana. One of the villages around the lake is El Molo . Lake Turkana call anam Ka'alakol , which means " many fish in the sea ." Ka'alakol is also the origin of Kalokol , the name of a town on the western shore of the lake, east of Lodwar . Faune Lake Turkana, sometimes called the "Jade Sea" contains Nile perch and tilapia. It formerly contained the largest African population of the Nile crocodile: the only central island housed 14,000. The presence of water in such an arid area gives the lake an international importance as a transit area for migratory birds. The region is populated by lions, cheetahs, giraffes and many other mammals. Elephants and https://www.instagram.com/p/CT81N6iqQa7/?utm_medium=tumblr

gabbra, kalacha, quênia, eric lafforgue

Kenya, Ethiopia Won't Fight Because of Community Disputes - Administrators

Kenya, Ethiopia Won’t Fight Because of Community Disputes – Administrators

Kenya and Ethiopia have vowed not to be drawn into waging war against by the longstanding disputes related to ethnic antagonism between the Gabbra and Borana communities. Speaking in Saru in North Horr Sub-County along the Ethiopia-Kenya border during a peace meeting on Saturday, administrators and security agencies from both countries said they will not allow the constant feuds between the…

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Kenya's diverse natural landscape is what draws visitors from all over the world .

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It’s the snow-capped mountain almost on the equator and within sight of harsh deserts. It’s the lush, palm-fringed coastline of the Indian Ocean, it’s the Great Rift Valley that once threatened to tear the continent asunder, and it’s the dense forests reminiscent of the continent’s heart. In short, Kenya is a country of epic landforms that stir our deepest longings for this very special continent. Here are our 10 favorite natural wonders.

 Please check the latest travel restrictions before planning any trip and always follow government advice.

Mt Kenya Africa’s second-highest mountain is also one of its most beautiful. Here, mere minutes from the equator, glaciers carve out the throne of Ngai, the old high god of the Kikuyu. To this day the tribe keeps its doors open to the face of the sacred mountain, and some still come to its lower slopes to offer prayers. Mt Kenya also has the rare honor of being both a Unesco World Heritage Site and a Unesco Biosphere Reserve. In the past, 12 glaciers wore Mt Kenya down to 17057 feet worth of dramatic remnants, but today it's the ice itself that is under threat, disappearing under increased temperatures and taking with it crystalline caves and snowy crevasses. 

Lake Turkana Amid the deserts and horizonless tracts that characterize so much of Kenya's north, Lake Turkana glitters like a jade-and-turquoise mirage. Rising from its waters is Teleki, one of the world's most perfectly shaped volcanic cones, while the shores are dotted with dusty and utterly intriguing villages, such as Loyangalani, that are home to the beguiling mix of traditional peoples – Turkana, Samburu, Gabbra, El-Molo – who call this isolated corner of Africa home. And there are crocodiles here. Lots of them.

Kakamega Forest National Reserve Paths lace the Kakamega Forest and offer a rare opportunity to ditch the safari 4WD and stretch your legs. This ancient forest is home to an astounding 330 bird species, 400 butterfly species and seven different primate species. Like all rainforests, though, the trees themselves are the chief attraction here, and in the forest gloom you’ll stumble upon the botanical equivalent of beauty and the beast: delicate orchids and parasitic figs that strangle their hosts as they climb towards the light.

Watamu Kenya’s Indian Ocean coast is one of Africa’s prettiest shores and Watamu is one of its prettiest beaches. Sitting roughly halfway between Mombasa and Lamu, it's a fine base for exploring the Kenyan coast with its long stretches of white sand, translucent waters and coves sheltered by palm trees. Plenty of water sports (from fishing to windsurfing), traces of the coast's African heritage.

Masai Mara Dream of Africa and chances are that you dream of the Masai Mara. This huge expanse of gently rolling grassland – speckled with flat-topped acacia trees and trampled by massive herds of zebras and wildebeest – is the ultimate African cliché. But for once the reality lives up to the image and the Masai Mara, which comprises not just the famous reserve but also around a dozen community conservancies, several group ranches and numerous Maasai villages, is for many people not just the highlight of their Kenyan adventure, but the very reason they came in the first place.

Amboseli National Park Amboseli belongs in the elite of Kenya’s national parks, and it’s easy to see why. Its signature attraction is the sight of hundreds of big-tusked elephants set against the backdrop of Africa’s best views of Mt Kilimanjaro (19341 ft). Africa’s highest peak broods over the southern boundary of the park, and while cloud cover can render the mountain’s massive bulk invisible for much of the day, you’ll be rewarded with stunning vistas when the weather clears, usually at dawn or dusk. Apart from guaranteed elephant sightings, you’ll also see wildebeest and zebras, and you’ve a reasonable chance of spotting lions and hyenas. The park is also home to over 370 bird species. And with chances to delve a little deeper into the world of wildlife conservation, it all adds up to one of Kenya’s premier wildlife experiences.

Nairobi National Park 

Nairobi National Park (at 45 sq mi, one of Africa’s smallest) has abundant wildlife that can, in places, be viewed against a backdrop of city skyscrapers and planes coming in to land – it's one of the only national parks on earth bordering a capital city. Remarkably, the animals seem utterly unperturbed by it all. The park has acquired the nickname “Kifaru Ark”, a testament to its success as a rhinoceros (kifaru in Kiswahili) sanctuary. The park is home to the world's densest concentration of black rhinos (more than 50), though even the park's strong antipoaching measures couldn't prevent poachers from killing one of the rhinos in August 2013 and then again in January 2014. They were the first such attacks in six years, and reflect the current sky-high Asian black-market price for rhino horn.

Diani Beach With a flawless, long stretch of white-sand beach hugged by lush forest and kissed by surfable waves, it's no wonder Diani Beach is so popular. This resort town scores points with a diverse crowd: party people, families, honeymooners, backpackers and water-sports enthusiasts. Kisite Marine National Park Off the south coast of Wasini, this gorgeous marine park, which also incorporates the Mpunguti Marine National Reserve and the two tiny Penguti islands, is one of the best in Kenya. The park covers 11 sq mi of pristine coral reefs and offers colorful diving and snorkeling, with frequent dolphin and turtle sightings. The marine park is accessible by dhow tour from Diani Beach or private boat hired in Wasini (per person from KSh2500 to KSh3000). The best time to dive and snorkel is between October and March. Diving and snorkeling in June, July and August can mean poorer visibility and rougher seas, though the weather is changeable. During the monsoon season, you can snorkel over the coral gardens. 

Mzima Springs Mzima Springs is an oasis of green in the west of the park that produces an incredible 660 million gallons of fresh water a day. The springs, whose source rises in the Chyulu Hills, provides the bulk of Mombasa’s fresh water. A walking trail leads along the shoreline. The …