| dc.description.abstract | Every Society must have law for its good governance. Law
being the central concept in a society, the existence of a
society is impossible without law. Law as a superstructure
does not exist in a vacuum. It is therefore necessary to have
laws which have respect and easy obedience by individuals. The
laws which reflect the aspirations of the people are easily
obeyed and cheap to administer. A good reason does not arise why
Legislature should enact a law which is either difficult or impossible to obey.
This paper seeks to show that the superimposition of a
foreign law will give rise to friction between it and the
societal values which happen to be different. Such a law is
directed from the aspirations of t~e people. This observation
was reached after seeing that great suffering of customary law
beneficiaries who had been dispossessed of their ancestral
lands by their trustees. The paper deals with customary trusts,
how they have been. affected by social economic changes, and
the current view of the courts and society on customary trusts.
I would like to express my sincere grat", i, l; ,-to my parents
for ~heir encouragement throughout my academic life and unrelenting support: I am greatly indebted to my Supervisor, Mr.
Kangwana who not only encouraged and read this paper' but also
made useful suggestions. At no stage did Mr. Kangwana try to
impose his. ideas on me and! for this I am' grateful. Last but
not the least, I am indebted to the District Officer Kiharu,
Mnranga for discussion in Chapter 3 and some material ; and
Mr. L. P. Kamau for taking the pain of typing this dissertation. | |
