Islamic law
Kenyan Muslims are governed by the dictates of Islamic law only on matters of family law, inheritance and succession. (The phrases ‘Muslim law’ and ‘Islamic law’ are used interchangeably in Kenyan law)
The marriage law provides that Islamic marriages shall be officiated by a Kadhi, Sheikh or Imam as may be authorised by the Registrar and celebrated in accordance with Islamic law. It further provides that the dissolution of an Islamic marriage shall be governed by Islamic law.
The Kadhis’ Courts have jurisdiction under the Constitution to determine questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhis’ Courts. The laws and rules of evidence to be applied in a Kadhi’s Court are those applicable under Muslim law. The Kadhis’ Courts exercise jurisdiction only when all the parties profess the Muslim faith.
Hindu law
This source of law addresses property ownership and transfer acts in the country. It is the law that governs the legal aspect of property.
African customary laws
In Kenya, African customary laws are recognized as a source of law and vary from one community to another. Kenyan courts are allowed to be guided by customary laws but only in civil cases and where parties to the suit are either subject to or affected by it. Customary law used by the courts should not be repugnant to justice and morality. For example, while female genital mutilation (FGM) is recognized by certain African customary laws, since the practice is outlawed by existing legislation, it cannot be allowed to continue in the name of practicing customs and traditions.