ABSTRACT
This chapter highlights how colonial legal imports in Kenya institutionalized the coexistence of customary, religious, and statutory regimes, later reshaped by post-independence constitutional and legislative reforms. While the 2010 Constitution guarantees equality and secularism, it simultaneously preserves religious and customary family law, notably through the Kadhi courts for Muslims. The analysis underscores ongoing tensions between pluralism and constitutional principles of equality, particularly regarding marriage, divorce, succession, and custody. Case law illustrates both the accommodation of Islamic jurisprudence and the judiciary’s efforts to align personal status laws with constitutional and international human rights standards. Despite reform debates - such as the regulation of polygamy, women’s access to judicial roles, and appeals for procedural equality - there is little evidence of a push toward full unification of family law. Instead, Kenya maintains a pragmatic balance between respecting legal diversity and addressing gender and equality concerns within its personal status framework.
