When talking about the sources of kenyan law, therefore, this refers to the origin of the legal rules that then constitute the kenyan law the different sources of law of kenya are identified by kadhi court, judicature act, hindu succession act, and the hindu marriage and divorce act. 11 a source of law is the origin of the rule, which constitutes a law, or legal principle the phrase `sources of kenya law' therefore means the origin of the legal rules which constitute the law of kenya.
Statute law legislation is a principal source of law applicable throughout kenya it must be consistent with the constitution it is the most important source of law. Hence the phrase sources of law have been used to describe the legal, formal, historical and material sources of law the various sources of law of kenya are identified by:-1 judicature act 2 constitution 3 hindu marriage and divorce act 4 hindu succession act 5 kadhis court act sources identified by the judicature act 1 the constitution 2. What was otieno's legal position from the following case study (solved) based on the case study below,advise otieno otieno appointed ratemo to transport fresh fish from kisumu to nairobi.
Though not listed in the judicature act, international law is a source of kenyan law the government is party to a number of international legal instruments and kenyans can use these as an additional tool for the advancement of their rights. (i) african customary law section 3(2) provides that the high court and all subordinate courts will apply customary law in civil cases (ii) kenya constitution. Sources of kenya law the various sources of law of kenya are identified by:1 be null and void kenya’s new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenya’s independence in 1963. Sources of law of kenya may be classified as:1) written and unwritten sources 2) principal and subsidiary sources principal sources these are source of law applicable throughout kenya they regulate all persons in kenya.
Kenyan constitution: the sources of kenyan law by juma fred / january 27, 2017 according to chapter 1 of the constitution of kenya, kenya is a sovereign state where: all sovereign power belongs to the people of kenya and shall be exercised only in accordance with this constitution. Main sources of law in kenya - top eight sources of law in kenya a source of law refers to the origin of law which constitutes its legal principle or law when talking about the sources of kenyan law, therefore, this refers to the origin of the legal rules that then constitute the kenyan law. Researching kenyan law by tom ojienda and leonard obura aloo tom ojienda holds a masters of law degree (llm) from king’s college london and a bachelor of laws degree from the university of nairobi in addition, he holds a postgraduate diploma in law from kenya school of law and a diplome de langue from alliance francais de paris he is currently completing his (lld) degree at the.
The phrase `sources of kenya law' therefore means the origin of the legal rules which constitute the law of kenya the various sources of law of kenya are identified by the judicature azt, kadhis court act, the constitution, hindu marriage and divorce act and the hindu succession act. There are five sources of law: 1) constitution 2) legislation 3) interpretation of legislation by the courts 4) common law and equity 5) precedents. Both common law and equity are recognized as sources of law of kenya by section 3 (1) (c ) of the judicature act however, only the substance of common law and the doctrines of equity are recognized their application by kenyan courts is further qualified.
1constitution 2legislation 3subsidiary regulation/subsidiary legislation 4common law and equity 5precedents. The government of kenya has a lot of places that it uses to pass and amend the laws to be followed by the citizens of the country the following list comprises some of the major sources of law in the country.
Often when looking for legal information in the laws of kenya you will find yourself needing to understand what the law looked like not only currently, but also several years ago the nature of the law is such that it changes and when one needs to understand what was legally in force at the time, it can be quite difficult to do so. Sources of kenyan law the primary sources are enumerated in section 3 of the judicature act (chapter 8 laws of kenya), and they include: the constitution it is the supreme law of the land, taking precedence over all other forms of law, written and unwritten.