Explain various sources of law in Kenya?

There are several sources of law in Kenya, which include:

1. The Constitution: The Constitution of Kenya is the supreme law of the land and provides the framework for the legal system in the country. It sets out the structure of government, the rights and responsibilities of citizens, and the principles of governance.

2. Legislation: Laws in Kenya are made by the Parliament, which consists of the National Assembly and the Senate. Parliament passes laws in the form of Acts of Parliament, which are then signed into law by the President. These laws cover a wide range of issues, including criminal law, civil law, and administrative law.

3. Common Law: Kenya follows the common law legal system, which is based on judicial decisions and precedents set by courts. Judges in Kenya are bound by previous decisions of higher courts, which helps to ensure consistency and predictability in the legal system.

4. Customary Law: Customary law is a source of law in Kenya, particularly in rural areas where traditional customs and practices are still followed. Customary law is recognized and enforced by the courts, especially in matters relating to family law, land rights, and inheritance.

5. International Law: Kenya is a signatory to various international treaties and conventions, which form part of the law of the land. International law is incorporated into Kenyan law through the ratification of treaties by Parliament and the adoption of international legal principles by the courts.

6. Judicial Precedent: Judicial decisions of the higher courts in Kenya, such as the Court of Appeal and the Supreme Court, serve as binding precedents for lower courts. These decisions help to interpret and apply the law in specific cases, and they contribute to the development of the legal system in Kenya.

Overall, these various sources of law work together to provide a comprehensive legal framework in Kenya, ensuring that the rights and obligations of individuals are protected and enforced.

Sources of Law in Kenya

Kenya's legal system is based on a combination of sources, including:

1. The Constitution (2010)

- The supreme law of the land, which provides the foundation for all other laws and establishes the fundamental rights and freedoms of citizens.

2. Legislation

- Laws enacted by Parliament, which include:
- Acts of Parliament
- Subsidiary legislation (e.g., regulations, orders, by-laws)

3. Common Law

- Laws derived from judicial decisions of courts in England and Wales, which have been adopted by the Kenyan courts.
- Includes principles of equity, criminal law, and contract law.

4. Customary Law

- Laws based on the customs and traditions of different ethnic communities in Kenya.
- Recognized by the Constitution and applied in certain areas, such as marriage and inheritance.

5. Case Law

- Decisions of the superior courts (Supreme Court, Court of Appeal, High Court) that establish legal precedents and guidelines.

6. International Law

- Legal obligations and standards arising from international treaties and agreements ratified by Kenya.
- Includes human rights conventions, environmental treaties, and trade agreements.

7. Judicial Precedent

- The principle that lower courts must follow the decisions of higher courts on similar legal issues.
- Ensures consistency and predictability in the application of the law.

8. Doctrines of Equity

- Principles of fairness and justice that supplement the strict rules of common law.
- Used to remedy situations where the law is inadequate or unjust.

9. Law Reports

- Published records of court cases that provide guidance on legal principles and precedents.

10. Legal Textbooks and Academic Writings

- Scholarly works that analyze and interpret legal principles and case law.
- While not binding on courts, they are persuasive and respected sources of legal authority.