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In law a family is created when families enter into a legally recognised marriage.The law also restricts the right to terminate that legal status.Restrictions on sexual relations are extended so that there is a progressive stage within which conjugal relations can take place.In the pairing family conjugal relations are more restricted and women are restricted only to their husbands who cannot be their brother.Insofar as the natives were concerned the Order in Council had limited application it provided that cases against natives would be brought in native courts and a Commissioner was given the power to establish and abolish those Native Courts and to regulate their procedure as well as give directions as to the application of native law and custom.
Those who then own property become the rulers and that is the link between family, property ownership and the state.
The Punuluan type of society was found among Indian tribe called the Punulua.
These forms of group marriage it was uncertain as to who the father of any particular child was but it was certain who the mother was so that group marriages were the origin of tracing descent through the mother’s line so that we have matriarchy being the form of tracing descent.
The provisions were further modified but the origins are Native Courts Regulations.
There were also two other communities in Kenya at the time, the British Colonisers and the Indians who had been brought in as labour and the issue here was whether for those groups they applied Indian Act or British Laws and common law rules were applied.