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.