Decolonising Kenya’s legal system: The role of legal education, philosophical foundations, and constitutional interpretation

Abstract

This paper investigates the vital roles of legal education, philosophical
foundations, and constitutional interpretation in decolonising Kenya’s
legal system. It begins by contextualising decolonisation within historical
frameworks of colonialism, highlighting the persistent influence of
colonial structures on contemporary legal practices. The analysis reveals
that legal education in Kenya has largely perpetuated colonial narratives,
necessitating a shift towards inclusive pedagogies that integrate indigenous
knowledge systems. Philosophically, the paper critiques simplistic notions
of integrating indigenous practices, advocating instead for a nuanced
approach that recognises the complexities of identity and culture in a postcolonial
context. Furthermore, it examines how constitutional provisions
can either support or obstruct the integration of customary laws into the
national legal framework. Ultimately, this work underscores the necessity for
comprehensive reforms across these domains to achieve a truly decolonised
legal system in Kenya.