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Averting a clash between culture, law and science : an examination of the effects of new reproductive technologies in Kenya

McGill University
Publication Date
  • Human Reproductive Technology -- Kenya.
  • Human Reproductive Technology -- Religious Aspects.
  • Human Reproductive Technology -- Moral And Ethical Aspects -- Kenya.
  • Conflict Of Laws -- Kenya.
  • Law


Currently reproductive technologies are being carried out in a legal vacuum in Kenya and in the event of any dispute involving the procedures, courts have to refer to existing laws, both customary and statutory. The thesis therefore examines what these technologies are and how Kenya's dual system of law would respond to some of the family law dilemmas raised by the use of these reproductive procedures. The thesis then discusses whether there is enough justification to enact a new, uniform, hybrid Act that takes into consideration both systems of laws in relation to the challenges brought on the technologies.

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