Sources of Kenyan law.

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Home > >Discussion Forum > >Sources of Kenyan law.

Posted on:9/22/2011 11:19:49 AM Total Responses: 7
Evelyn Munene Gold Member Total Points: 1177 Join Date: Aug 2011	Sources of Kenyan law. 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

22 Sep 2011 @ 11:28
walteym Gold Member Total Points: 2418 Join Date: Aug 2011	Re:Sources of Kenyan law. 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 @ 11:42
njeri moni Gold Member Total Points: 1692 Join Date: Sep 2011	Re:Sources of Kenyan law. 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 @ 11:48
rawlit3 Gold Member Total Points: 1240 Join Date: Sep 2011	Re:Sources of Kenyan law. International treaties and protocols such as those concerning the environmental control and connservation.

22 Sep 2011 @ 12:01
sarah muasya Gold Member Total Points: 1631 Join Date: Sep 2011	Re:Sources of Kenyan law. 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 @ 12:32
Evelyn Munene Gold Member Total Points: 1177 Join Date: Aug 2011	Re:Sources of Kenyan law. 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 @ 12:33

Liz The Totalitarian

Silver Member

Total Points: 518
Join Date: Sep 2011

Re:Sources of Kenyan law.

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.

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