ABSTRACT
African Customary Law is dismantling Western institutions left by European colonialists, and it is dominating Islamic traditions left by the Arabs. The Kenyan case of Virginia Wambui Otieno vs. Joash Ochieng ‘Ougo is an illustration of the conflict between Western Jurisprudence and African Customary Law. The results of the Otieno case illustrate the omnipotent reemergence of traditional African Customary Law, and dismantlement of Western Jurisprudence. Members of the Kenyan Parliament typically are more familiar with their particular tribal Customary Laws than the laws of the Republic of Kenya. Customary tribal traditions influence modern day elections among the Luo, as well as other rural tribal groups in Kenya. This political situation illustrates the symbolic relationship between traditional African society and the modern Kenyan state. The Kenyan press exploited the tense controversy by running daily front page inflammatory stories, which heightened ethnic tensions and sold newspapers in record numbers.
