Sources of Kenyan law.

Posted on: 9/22/2011 11:19:49 AM  Posted By: Evelyn Munene  Membership Level: Gold  Total Points: 1177      

In the Judicature Act,caption 8 provides under Section 3 that the jurisdictions of the High court,the court of Appeal and all subordinate courts shall be exercised in conformity with:-
1.The Kenyan Constitution.
2.Written laws such as Acts of Parliament.
3.Substance of the common law and doctrines of equity.
4.African Customary Law.

Responses


walteym
Membership Level: Gold    Total Points: 2418
Other sources of Kenyan law also include Statutes of general application in force in England on 21st August of 1897 as well as the Muslim law and Hindu customs.
22 Sep 2011 @ 11:28

njeri moni
Membership Level: Gold    Total Points: 1692
Other sources of Kenyan law are :-Subsidiary (Delegated)Legislation,Islamic laws,Case law or judicial precedent and The procedure and practice observed by courts of justice in England on the 12th August 1897.
22 Sep 2011 @ 11:42

rawlit3
Membership Level: Gold    Total Points: 1235
International treaties and protocols such as those concerning the environmental control and connservation.
22 Sep 2011 @ 11:48


sarah muasya
Membership Level: Gold    Total Points: 1631
However, Sec 3(2) of Cap 8 limits the use of African Customary Law. It states that it will only be applicable in civil cases where both or any of the parties is subject to it and so long as it is applicable and is not repugnant to justice and morality or any other written law.
22 Sep 2011 @ 12:01

Evelyn Munene
Membership Level: Gold    Total Points: 1177
Waltemy,can I please correct you? The statutes of general application in force in England on the 12 th August 1897 but not the 21st.There is also Procedure and practice observed in courts of justice in England still on the 12th August 1897.
22 Sep 2011 @ 12:32

Liz The Totalitarian
Membership Level: Silver    Total Points: 624
That is true. It has to be realized that, that provision catered for the hierarchy of laws under the old constitution. With the current constitution , the provisions will have to conform with the hierarchy that has been envisioned in it. Articles 2(5) and 2(6) provides for International Law. Under the old Constitution dispensation, any International treaty or convention signed by Kenya had to be ratified in order to form part of our laws. This therefore meant that they had to localized'. We were a dualist state. The new constitutional dispensation does not make this mandatory and the International laws signed by Kenya will thus automatically apply within our jurisdiction, in other words, we are now a monist state. with this in mind it means that the hierarchy has to be reviewed because as it is now, it can be a potential cause of a crisis. Imagine what will happen when the local legislation conflicts with international law, which of these will prevail?, this is without of course, touching on the constitution because it comes second to no other legislation. This is the case even though some individuals have already started violating it.
22 Sep 2011 @ 12:33

cinedine amyzene
Membership Level: Gold    Total Points: 2001
Other sources include;doctrines of equity and common law applied in the statutes on England and which are applicable and practiced in Kenya.
26 Jul 2012 @ 09:12

mvita
Membership Level: Bronze    Total Points: 4
the sources include:
-statutes of general application in force in England before and on 12th Aug 1897
-some specific act of parliament of India
-African customery laws
-Islamic laws
-Hindu laws
-
21 Aug 2013 @ 06:21

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