Law
Law is any set of rules that guide the conduct of individuals/groups in a given set up and is enforced by those in authority. They include the Constitution, Acts of Parliament and/or rules.
Sources of law
1. The Constitution
2. Acts of Parliament
3. By laws (County laws)
4. Religious books
5. African customary laws
6. Precedents
The body with the responsibility of making laws is the parliament which consists of the senate and the national assembly (house of representative).
The body with the responsibility of interpreting the law and passing judgments on matters related to law is the judiciary (courts).
The body with the responsibility of enforcing the law and ensuring full adherence is the Executive which includes the police and prisons.
The Constitution is the supreme law of the land. It stipulates how a nation and its citizens are to be governed.
The Kenyan Constitution was promulgated in August 2010.
Acts of parliament are laws enacted by parliament (senate and national assembly) to give life to the Constitution and establish a legal regime that is just, fair and reasonable to all.
Examples of acts of parliament are;
1) Penal code
2) Criminal procedure code
3) Sexual offences Act
4) Children’s Act
5) Judicature Act
6) Land Act
7) Evidence Act
8) Civil Procedure Act
By-laws - These are laws enacted by other organs of the government such as county assemblies. They are binding within their geographical areas of jurisdiction and can vary from one county to another or a given local authority. By-laws cannot contradict national laws and the Constitution.
Religious Books - A good portion of what is today considered to be secular law has its origin in canon (church) law. For example, the law that criminalizes polygamy is derived from canon law. In Kenya, the Kadhis courts strictly apply shariah law on personal matters of marriage, divorce and inheritance when both parties profess Islam as their religion.
African Customary Law - In Kenya, African customary laws are recognized as a source of law and vary from one community to another. Kenyan courts are allowed to be guided by customary laws but only in civil cases and where parties to the suit are either subject to or affected by it. Customary law used by the courts should not be repugnant to justice and morality. For example, while female genital mutilation (FGM) is recognized by certain African customary laws, since the practice is outlawed by existing legislation, it cannot be allowed to continue in the name of practicing customs and traditions.
Precedents - These are also known as case law or authorities. Precedents can be authoritative (binding i.e. supreme court cases) or persuasive (not binding but can be adopted if supported by strong legal argument). The decisions made by superior courts of records are binding to all other lower courts. Where the courts pass judgment on particular facts of a matter, that judgment can be used later as part of law. Particularly when it is on an issue that has no law directly linked to it. Precedents have to be backed by sound legal arguments.
Purposes of law
1) It brings sanity and ensures each person is treated equally and gets the chance to advance in life.
2) The law exists to protect rights and freedoms of individuals and groups.
3) Law sets minimum standards that guide individuals and groups behaviors.
4) It provides for crimes that will not be tolerated and any person who engages in such crime is punishable under the law.
5) The law maintains order in society by ensuring individuals and groups do not exceed the prescribed limits acceptable by all.
6) The law also useful in resolving disputes between individuals and groups or entities.
Categories of law
1. Criminal law
2. Civil law
Criminal law: This category of law deals with actions that cause intentional harm to individuals, groups or property. Examples of such actions include: stealing, assault and killing.
A criminal case usually starts with a complaint at the police station, followed by an arrest. The arrested person is then charged with an offence. The offence is recorded in a charge sheet, which contains the description of the alleged crime and the law it contravenes.
Civil law: This category of law deals with disputes between private individuals and groups. In civil law, law enforcers such as police are not directly involved.
Law is any set of rules that guide the conduct of individuals/groups in a given set up and is enforced by those in authority. They include the Constitution, Acts of Parliament and/or rules.
Sources of law
1. The Constitution
2. Acts of Parliament
3. By laws (County laws)
4. Religious books
5. African customary laws
6. Precedents
The body with the responsibility of making laws is the parliament which consists of the senate and the national assembly (house of representative).
The body with the responsibility of interpreting the law and passing judgments on matters related to law is the judiciary (courts).
The body with the responsibility of enforcing the law and ensuring full adherence is the Executive which includes the police and prisons.
The Constitution is the supreme law of the land. It stipulates how a nation and its citizens are to be governed.
The Kenyan Constitution was promulgated in August 2010.
Acts of parliament are laws enacted by parliament (senate and national assembly) to give life to the Constitution and establish a legal regime that is just, fair and reasonable to all.
Examples of acts of parliament are;
1) Penal code
2) Criminal procedure code
3) Sexual offences Act
4) Children’s Act
5) Judicature Act
6) Land Act
7) Evidence Act
8) Civil Procedure Act
By-laws - These are laws enacted by other organs of the government such as county assemblies. They are binding within their geographical areas of jurisdiction and can vary from one county to another or a given local authority. By-laws cannot contradict national laws and the Constitution.
Religious Books - A good portion of what is today considered to be secular law has its origin in canon (church) law. For example, the law that criminalizes polygamy is derived from canon law. In Kenya, the Kadhis courts strictly apply shariah law on personal matters of marriage, divorce and inheritance when both parties profess Islam as their religion.
African Customary Law - In Kenya, African customary laws are recognized as a source of law and vary from one community to another. Kenyan courts are allowed to be guided by customary laws but only in civil cases and where parties to the suit are either subject to or affected by it. Customary law used by the courts should not be repugnant to justice and morality. For example, while female genital mutilation (FGM) is recognized by certain African customary laws, since the practice is outlawed by existing legislation, it cannot be allowed to continue in the name of practicing customs and traditions.
Precedents - These are also known as case law or authorities. Precedents can be authoritative (binding i.e. supreme court cases) or persuasive (not binding but can be adopted if supported by strong legal argument). The decisions made by superior courts of records are binding to all other lower courts. Where the courts pass judgment on particular facts of a matter, that judgment can be used later as part of law. Particularly when it is on an issue that has no law directly linked to it. Precedents have to be backed by sound legal arguments.
Purposes of law
1) It brings sanity and ensures each person is treated equally and gets the chance to advance in life.
2) The law exists to protect rights and freedoms of individuals and groups.
3) Law sets minimum standards that guide individuals and groups behaviors.
4) It provides for crimes that will not be tolerated and any person who engages in such crime is punishable under the law.
5) The law maintains order in society by ensuring individuals and groups do not exceed the prescribed limits acceptable by all.
6) The law also useful in resolving disputes between individuals and groups or entities.
Categories of law
1. Criminal law
2. Civil law
Criminal law: This category of law deals with actions that cause intentional harm to individuals, groups or property. Examples of such actions include: stealing, assault and killing.
A criminal case usually starts with a complaint at the police station, followed by an arrest. The arrested person is then charged with an offence. The offence is recorded in a charge sheet, which contains the description of the alleged crime and the law it contravenes.
Civil law: This category of law deals with disputes between private individuals and groups. In civil law, law enforcers such as police are not directly involved.
