Customary Law and Traditional Governance Training Course

Duration 5 days 10 modules · 33 contact hours
Level Intermediate Certificate on completion
Who attends Government Policy Officers, Local Government Managers and others
Fee from USD 1,100 KSh 95,000 for Kenyan organisations
Where 52 cities + online See dates by city
Next start 16 Nov 2026 Course code SD-GPS-059

Before you join: Participants should have experience in public administration, development programming, humanitarian operations, land governance, community engagement or related policy work.

Dates & prices

Two start dates a month in every city, and live online on weekdays or weekends. Fees are per participant; classroom fees include tuition, materials, lunch and refreshments, and the certificate.

Suggest a date or city

Showing the next six months. Later dates, other cities and private deliveries for your team are available on request.

Course overview

Customary law and traditional governance shape land access, family relations, local dispute resolution, natural resource management and public authority in many settings. Government agencies, development partners and humanitarian organisations can face project delays, exclusion risks, contested consent and damaged community trust when they treat customary institutions as either informal obstacles or unquestioned representatives. Sound engagement requires a practical grasp of legal pluralism, local authority, human rights obligations and the limits of customary jurisdiction.

This course examines how customary and statutory systems interact, how traditional leaders and councils derive authority, and how practitioners can assess representation, legitimacy and rights risks. Participants apply legal pluralism, stakeholder mapping, free, prior and informed consent processes, tenure analysis, procedural fairness checks and conflict-sensitive engagement methods. The programme addresses customary tenure, local justice, natural resource governance, decentralisation, consultation, grievance handling, gender equality, child protection and safeguards for groups excluded from customary decision-making.

Delivered over five instructor-led days, the course combines focused briefings with public-sector and development cases, small-group analysis, role-based consultation simulations and structured planning. Participants work with realistic scenarios involving community land acquisition, local dispute referral, conservation restrictions and traditional authority participation in public programmes. Each participant leaves with a customary governance engagement pack containing stakeholder, rights-risk and authority analyses, plus an application plan for a live or anticipated assignment.

The course is suited to professionals who work where formal state systems operate alongside customary institutions, particularly in development, humanitarian response, land administration, local government, environmental management and community-facing infrastructure programmes.

What you will be able to do

  • Assess legal pluralism and determine relevant customary, statutory and human rights obligations
  • Map traditional authority structures, representation patterns and excluded rights-holder groups
  • Apply FPIC process steps to consultation, agreement-making and project documentation
  • Analyse customary land tenure using bundle-of-rights and VGGT principles
  • Screen customary justice processes for jurisdiction, procedural fairness and protection risks
  • Design conflict-sensitive engagement plans with grievance and escalation arrangements
  • Conduct a rapid customary-law assessment using triangulated qualitative evidence
  • Produce a customary governance risk and engagement plan for a public programme

Benefits of attending

For you

  • Make defensible decisions when customary practice and statutory duties appear to conflict
  • Lead consultations without relying solely on gatekeepers or elite representatives
  • Identify consent, representation and protection risks before project commitments are made
  • Handle customary tenure and local justice issues with clearer referral boundaries
  • Build a practical governance engagement plan for current field or policy work

For your organisation

  • Reduce project delays caused by disputed authority, inadequate consultation or contested land claims
  • Strengthen compliance with human rights, protection and participation commitments
  • Improve relationships with communities, traditional leaders and local government counterparts
  • Create clearer records of consent, dissent, agreements, grievances and follow-up actions
  • Prevent exclusion of women, youth, displaced people and secondary rights-holders

Course modules

10 modules over 5 days

Participants can distinguish customary, statutory and other normative systems and identify their practical implications.

  • Legal pluralism: state law, customary norms, religious law and practice
  • Sources of customary authority, legitimacy, succession and jurisdictional boundaries
  • Distinguishing living custom from codified rules and administrative assumptions
  • Mapping formal institutions, traditional leaders, elders, women’s groups and youth
  • Colonial legal legacies and their effects on present authority claims
  • Case typology: land, family, dispute resolution, natural resources and elections

Participants can apply rights-based tests to customary governance decisions and engagement arrangements.

  • UNDRIP articles relevant to self-determination, culture, lands and institutions
  • FPIC process steps: identification, disclosure, deliberation, decision and documentation
  • CEDAW equality duties in customary family, inheritance and leadership matters
  • Child-rights safeguards for customary justice, marriage and harmful practices
  • Applying proportionality, non-discrimination and due-process tests to customary decisions
  • Documenting rights-risk reasoning without treating communities as culturally uniform

Participants can map authority, representation and exclusion risks before engaging customary institutions.

  • Stakeholder power-interest mapping for chiefs, councils, state officials and civil society
  • Entry protocols, courtesy calls, consent records and representative selection
  • Identifying gatekeeper bias, elite capture and excluded rights-holders
  • Gender and age analysis within customary decision-making structures
  • Conflict-sensitive communication using Do No Harm principles
  • Community feedback channels, grievance routes and response-accountability logs

Participants can assess customary tenure claims, collective rights and land-related consultation requirements.

  • Bundle-of-rights analysis for access, use, control, transfer and exclusion
  • VGGT principles applied to customary tenure recognition and land administration
  • Participatory boundary mapping, seasonal-use calendars and overlapping claims
  • Recording secondary rights held by women, pastoralists and displaced households
  • Land acquisition due diligence: authority, consent, compensation and grievances
  • Reconciling statutory titles with collective tenure and oral evidence

Participants can assess customary dispute processes and establish appropriate referral pathways.

  • Forum mapping between customary courts, administrative bodies and formal judiciary
  • Jurisdiction screening for criminal matters, serious harm and protected rights
  • Mediation stages: opening, issue framing, option generation, agreement and follow-up
  • Procedural fairness checklist: notice, voice, impartiality, reasons and review
  • Referral pathways for gender-based violence, child protection and trafficking
  • Monitoring customary decisions for coercion, discrimination and retaliation risks

Participants can structure customary governance engagement for shared natural resource decisions.

  • Customary resource governance for forests, fisheries, water points and rangelands
  • Seasonal calendars identify mobility, harvesting, grazing and conservation rules
  • Co-management agreements define roles, benefit sharing, monitoring and sanctions
  • Extractive-project engagement: impact assessment, FPIC, agreements and grievance mechanisms
  • Climate adaptation decisions account for customary access and displacement pressures
  • Conservation restrictions assessed against livelihoods, tenure and cultural rights

Participants can clarify roles and accountability between traditional authorities and local government.

  • Comparing traditional authority mandates with local-government statutory functions
  • Intergovernmental coordination matrices assign decisions, consultation and escalation routes
  • Public-service delivery roles in health, education, registration and taxation
  • Development project governance structures prevent parallel authority and mandate conflicts
  • Budget transparency discussions distinguish public funds from customary contributions
  • Drafting memoranda of understanding with accountable roles and dispute clauses

Participants can conduct a focused, ethical assessment of customary norms and actual practice.

  • Qualitative interview guides separate norm statements, practice and individual views
  • Focus-group design protects dissenting voices, confidentiality and participation equity
  • Triangulating oral histories, case records, observation and statutory sources
  • Ethical documentation: informed consent, anonymisation, storage and controlled access
  • Rapid customary-law assessment scopes questions, evidence, limitations and validation
  • Validation meetings test findings with diverse rights-holder groups

Participants can build governance arrangements that monitor inclusion, legitimacy and protection risks.

  • Theory of change links customary engagement to governance and protection outcomes
  • Risk registers rate legitimacy, rights, conflict and implementation exposures
  • Indicator sets measure inclusion, grievance resolution, tenure security and trust
  • Adaptive-management cycles use feedback, monitoring data and documented decisions
  • Partnership due diligence examines representation, accountability, safeguarding and financial controls
  • Reporting templates distinguish consultation outputs from consent and agreed commitments

Participants can prepare an accountable customary governance engagement plan for a live assignment.

  • Case diagnosis integrates authority mapping, rights tests and stakeholder evidence
  • Engagement plans sequence entry, consultation, agreement, monitoring and escalation
  • Decision records capture dissent, safeguards, responsibilities, deadlines and review points
  • Personal application plans identify one live mandate, allies and constraints
  • Peer review tests feasibility, inclusion and legal-risk controls
  • Thirty-day actions establish evidence collection, feedback and management reporting

Exercises and examples are adapted to each cohort's sectors and roles.

What you take back to work

  1. Customary governance stakeholder map template
  2. Rights-risk and safeguards checklist
  3. FPIC consultation and documentation plan
  4. Customary tenure assessment model
  5. Customary justice referral pathway template
  6. Thirty-day engagement application plan

Who should attend

  • Government Policy Officers — need workable approaches for engaging traditional authorities within public mandates
  • Local Government Managers — coordinate statutory services with customary leadership and community structures
  • Development Programme Managers — design inclusive projects involving customary institutions and collective tenure
  • Humanitarian Coordinators — assess local authority, access and protection risks during response planning
  • Land Administration Professionals — address customary tenure, overlapping claims and community consent
  • NGO Community Engagement Specialists — build accountable consultation and grievance arrangements

Skills and tools covered

Legal pluralism analysisTraditional authority mappingFPIC process designCustomary tenure assessmentConflict-sensitive engagementRights-risk screening

Tools and standards

United Nations Declaration on the Rights of Indigenous Peoples, Free, Prior and Informed Consent, Voluntary Guidelines on the Responsible Governance of Tenure, Do No Harm framework

How the course runs

Training methodology

The course uses short instructor briefings to establish legal and governance concepts, followed by case work drawn from land, public service, humanitarian and natural resource settings. Participants analyse authority structures, test consultation plans, assess rights risks and compare customary and statutory decision routes. Group exercises examine contested tenure, local dispute referral and community consent. Simulations develop communication and documentation skills for meetings with traditional leaders and affected groups. Application planning connects the methods to participants' own mandates, programmes or policy responsibilities.

Requirements and prerequisites

Participants should have experience in public administration, development programming, humanitarian operations, land governance, community engagement or related policy work. They should be comfortable reading policy documents, discussing institutional roles and analysing practical cases. Familiarity with national legislation, decentralisation or community consultation is useful but not essential. No law degree, anthropological training or prior specialist knowledge of a particular customary system is required. The course does not assume that participants work in rural settings; the methods also apply where customary institutions influence urban or peri-urban communities.

A typical training day

08:30 – 10:30First session
10:30 – 10:45Refreshment break
10:45 – 12:30Second session
12:30 – 13:30Lunch and networking
13:30 – 15:00Third session
15:00 – 15:15Refreshment break
15:15 – 16:30Workshop and daily review

Live online deliveries follow the same structure in East Africa Time, with shorter screen blocks and longer breaks.

What the fee includes

  • Instruction by a practitioner facilitator
  • Full course workbook and materials
  • Exercise files, templates and case studies
  • Refreshments and lunch on classroom deliveries
  • Certificate of completion
  • Post-course application plan

Frequently asked questions

Participants should have experience in government, development, humanitarian work, land administration or community-facing programmes. A legal degree or specialist anthropology background is not required.

Participants should bring a current or anticipated programme, policy issue, consultation challenge or land-related case they can use for application planning. They may also bring relevant organisational procedures, although these are not required.

It suits public officials, programme managers, land professionals, humanitarian coordinators and community engagement staff working alongside traditional institutions. It is particularly relevant where authority, tenure or dispute resolution is shared between formal and customary systems.

General engagement courses often focus on consultation methods and communications planning. This course addresses the legal, institutional and rights implications of customary authority, customary tenure, local justice and collective decision-making.

Participants can use the templates to identify legitimate representatives, document consent processes, assess tenure claims and establish grievance or referral routes. The final application plan is structured around a real work responsibility.

The programme contains ten modules taught in sequence, covering about 30 contact hours within five 08:30-16:30 training days. Time is divided between instructor input, case analysis, group work, simulations and individual application planning.

Questions about this course?

Ask about dates, fees, group bookings or running it for your team. Our training team replies by email.