If one examines the official sources of law in Kenya, the laws of Parliament cannot be ignored. Before a law is enacted, it is called a bill. Both elected and elected members of parliament are expected to debate a variety of fundamental issues affecting the lives of ordinary Kenyans. As soon as the debates reach appropriate conclusions, a law will be promulgated. These are laws promulgated by judges. There are precedents when a judge looks at a particular piece of legislation and draws specific conclusions. These types of laws are of four types, depending on the legal system. These are the original, declaratory, excessive voting precedents and distinctive. A source of law refers to the origin of the law, which constitutes its legal principle or law. Therefore, when talking about the sources of Kenyan law, he is referring to the origin of the legislation that then forms Kenyan law. The various sources of Kenyan law are identified by the Kadhi Court, the Courts Act, the Hindu Inheritance Act and the Hindu Marriage and Divorce Act.
Here are some of the sources of law in Kenya. In 1896, the region became known as the East African Protectorate. It was renamed Kenya Colony and Protectorate in 1920 and remained so until 1963, when Kenya became an independent state. As a result of British administration for more than six decades, the Kenyan legal system relies heavily on the English legal system. This source of law deals with property and transfer laws in the country. It is the law that regulates the legal aspect of ownership. People must ensure that their property is safe, as required by law. The primary sources are listed in Section 3 of the Judiciary Act (Chapter 8 of the Laws of Kenya) and include: The various sources of Kenyan law are identified by the Judiciary Act Section 3 (1) Cap 8, Laws of Kenya. You need to know the different sources of law, especially if you are in a situation where you need to use the law to defend yourself.
Understanding these sources can help you strengthen your argument. After all, learning the laws of your country is a smart decision, because if you can get yourself into trouble, ignorance won`t be an excuse. With the installation of the British in the East African protectorate, the need for a legislative and administrative system arose to govern the inhabitants. It should be noted that British colonization occurred in two cases, direct and indirect. Directly in the sense that the settlers came directly from Britain and indirectly in the sense that there were these settlers who came from India, which had once been a British colony. Thus, there were three groups of people, the British, the Indians, who were considered British citizens, and the natives. Chapter 11 of the Constitution introduced a decentralized system of government. As such, the county government has the power to enact individual district laws based on its jurisdiction. A source of law is the origin of the rule that constitutes a law or legal principle. The term sources of Kenyan law therefore refers to the origin of the legislation that constitutes Kenyan law. It is probably one of the most important sources of law in Kenya.
It is common for many people to cite the Constitution as the source of all rights. The constitution refers to a formal document that contains the rules, functions and roles of the constitution. These details are intended to guide government organizations and state agencies on how to deal with the public. Laws in Kenya are formed and amended in different parts of the country`s system of government. Even though most of us only know the Constitution, there are many other places where law enforcement, the courts, and our leaders in general are guided whenever they want to make a decision. Below is a credible list of Kenyan legal sources. The government relies on these sources to obtain laws that will then govern the Kenyan people. If it`s not all the sources, focus on reading the constitution as it is the basic document that covers all the necessary laws in Kenya and is usually referred to as the law of the land. Regardless of your religious affiliation or ethnicity, the fact that you are Kenyan means that you are under the constitution that provides you with the advice you need. Knowing what`s in the Kenyan constitution will work for your own good.
Although not included in the Judiciary Act, international law is a source of Kenyan law. The government is party to a number of international legal instruments, and Kenyans can use them as an additional tool to promote their rights. However, it will only become enforceable in Kenya when it has been incorporated into our national legal system through the implementation of laws. Kenya is a country on the coast of East Africa. Prior to 1895, when Kenya was declared a British protectorate, the country had no formal legal system worthy of mention. The Territory had been administered by the British Imperial East Africa Company, which “was to fulfil all obligations undertaken by the British Government under a treaty or arrangement with another State. The Constitution is the first document cited when reference is made to a law. In fact, it is the only document used in cases of legal emergency. Therefore, it is crucial that citizens understand the content. The details of this might be what you need to get out of a tricky situation. Thus, several parallel legal systems exist today. Although the British have tried to gradually withdraw by enacting laws to govern the entire country, the effect of diversity is still felt and is visible in the current Kenyan legal system.
For instructions on compiling full citations, see Citing primary sources. These are passed by Parliament and also include subsidiary laws, i.e. laws enacted by an Act of Parliament. The advantages of statutory law and its disadvantages in Kenya Article 191 of the Constitution applies to the resolution of conflicts between national and regional legislation concerning matters that fall within the concurrent competence of the two levels of government. India`s Transfer of Ownership Act 1882 contains the procedural law applicable when the Registration of Titles Act, the Land Titles Act and the State Lands Act are applied. Parliament also acts as a check and criticism of the government by allowing it to pass a vote of no confidence, which can lead to either the dissolution of parliament or the resignation of the government, depending on the president`s decision. Kenya. 2021. Website. www.loc.gov/item/guide-to-law-online/kenya/. The natives were considered too primitive to understand the intricacies of law and therefore had to practice African customary law.
Hindus who had emigrated from India were also allowed to practice Hindu customary law in the realm of personal law, while Muslims and Arabs who were centralized on the coast practiced Muslim law. It is any proclamation, rule, order, proclamation, judicial decision or even other instruments having legislative effect. Subsidiary law applies to matters requiring general application of the law, in particular those containing substantive laws or regulations. They are divided into two categories: statutory (written) and non-statutory (unwritten) These are listed in the schedule to the Courts Act and include: ยท It must be heard for twelve months by a lawyer who has practised as a lawyer in Kenya or in the Attorney General`s Office for at least five years. (Student body includes instruction on the proper business, practice, and employment of a lawyer) Section 2 (6) of the Constitution provides that all treaties and conventions ratified by Kenya shall form part of the law. For example, the Rome Statute. It is a source of Kenyan law dealing with matters relating to the Foreign Court Evidence Act 1856. He also has the evidence of 1851 as well as the Determination Act of 1857. It is a crucial source of law, as its specifications are linked to international law. This source of law is found in Article 7 of the Kenyan Constitution.
It applies in matters of inheritance and civil status to the members of the community to whom it applies. This type of law is enforced in Kenya`s Khadhi courts and only applies if the parties involved in the case are both Muslim and Islamic. English Laws of General Application, in force in England on August 12, 1897. READ ALSO: Kaimati Swahili Recipe: How to Prepare the Delicious Snack Inheritance Law in Kenya: Rules, Procedures, Service These are norms and practices/traditions that are not usually written. They have been going on for so long that they are finally considered laws. They may have existed before the colonial period, but they have undergone profound changes over time without necessarily being eroded. Customary law is localized and very diverse, as it depends on the community concerned. However, some principles are considered consensus principles. It is presided over by puisne judges, judges of the Supreme Court appointed by the President.
It has unlimited jurisdiction at first instance in civil matters. In criminal cases, he hears only murder and treason. It also has jurisdiction to appeal in civil and criminal cases, with the lower courts having preferred appeals to the High Court. The Constitution of Independence was adopted on 12 December 1963. Since then, several amendments have been made to the Constitution and Kenya is currently in the process of constitutional review. The judiciary consists of the courts and all their officials, including the Chief Justice, the Attorney-General, judges and magistrates.