Guest Lecture on African Customary Law by Dr. Francis Kariuki (Strathmore University, KENYA)
Students of the first year Constitutional Law course taught by Professor Marcin M. Wiszowaty had a special opportunity to explore legal pluralism from a global perspective during a guest lecture delivered by Dr. Francis Kariuki (Strathmore University, Kenya). The lecture focused on African customary law and its place within contemporary constitutional frameworks, offering a compelling case study of how diverse normative orders coexist and interact within a single legal system.
Dr. Kariuki presented the role of tribal and community-based justice systems, showing how customary norms and traditional dispute resolution mechanisms operate alongside state institutions in many African countries. Particular attention was devoted to the constitutional and institutional questions raised by these arrangements: how constitutions recognise customary law, how courts engage with indigenous justice, and where the boundaries lie between tradition, human rights, and the rule of law.
Our students came exceptionally well prepared. Having familiarised themselves in advance with Dr. Kariuki’s academic work, they engaged in an intensive discussion covering, among others:
-
traditional dispute resolution mechanisms and their social legitimacy
-
customary law in mixed and plural legal systems
-
recognition of indigenous justice in constitutional law and international law
-
comparative perspectives on legal pluralism and constitutional accommodation
The discussion continued in a dynamic question-and-answer session, which highlighted how African experiences with customary law can deepen comparative analysis far beyond mere description. Students reflected on how constitutional systems respond to legal diversity—and how comparative constitutional law can help critically reassess our own legal assumptions and institutional choices.
We sincerely thank Dr. Francis Kariuki for an inspiring lecture that broadened our students’ legal horizons and demonstrated, in the most practical way, that constitutional law transcends borders.
