TRAVELLING CUSTOMARY LAW: CULTURAL IDPS AND INFORMAL JUSTICE SYSTEMS IN INFORMAL SETTLEMENTS IN NAIROBI-KENYA

Abstract

Most research on customary law are generally domiciled within rural spaces. This article departs from this notion and explores the prevalence of customary law in urban areas in Nairobi. It explores the nature of customary law and informal justice systems in urban spaces and examines the underpinning factors that emerge from its transmission from rural to urban informal settlements. Part one of this paper provides the background for customary law and informal settlements. The second part explores the study methodology. Part three examines the nature of informal justice in urban informal settlements and maps out the actors, principles and modes of transmission of customary laws from rural to urban areas. The section also explores how violators of customary law in the rural areas often seek refuge in the urban informal settlements. The paper concludes by revisiting the role of customary law in the proliferation of informal settlements in urban areas and how ethnic cosmopolitanism in informal settlements promote the cross-pollination of customary laws.