In present time laws acts of legislative bodies, statutes are considered as the main source of almost all national legal systems. Common law as used in the kenyan legal system the kenyan legal system is descended from the british common law system. To import any commodity into kenya, an importer will have to enlist the services of a clearing agent who will process the import documentation through kenya customs electronically on the simba 2005 system and clear the goods on your behalf. Legal systems vary widely in their aims and in the way they process civil and criminal cases. The concept of legal aid and education is based on the assistance of the socially and economically disadvantaged persons in the society to enable them understand and protect their rights. A recent workshop defined customary law as locally. England and wales is a common law system, meaning that many of our most. Learning about law and legal systems is endlessly fascinating and the material in this module provides a basis for your understanding of the other. Adr programs are instruments for the application of equity, rather than the rule of law, and as such cannot be expected to establish legal precedent or implement changes in legal and social norms. Doc legal systems of the world and kenya and legal aid in. The judges and magistrates interviewed were from different stations. The influence of contract management on performance of.
The kenyan constitution is the supreme law of the land, and any other law that is inconsistent with. Indeed, it takes precedence over everything except eu law. This legal system has several layers, more possibly than in most other countries, and is due in part to the division between federal and state law. For example, one may ask why a certain coercive act is a legal act and thus belongs to a certain legal systemthe legal act of incarceration, say, whereby one human being deprives another of liberty. In this context common law refers to laws that have been created by the judiciary through the decisions in the cases they have heard and decided on. The kenyan legal system consists of a mix of kenya statutory written law and kenyan and english common law, mixed with elements of tribal and islamic law. Legal methods and systems download ebook pdf, epub. Cls 112 legal systems and methods course outline free download as pdf file. Common law systems use juries, have one judge, and adhere to precedent. Legal system and method 1 introduction to law and the legal system page 15. The commissions principal role is to keep the law under. A legal system is a procedure or process for interpreting and enforcing the law. Oteyo jomo kenyatta university of agriculture and technology p. This is a question that scholars have long answered with conjecture.
The needs of legal systems comparison are grouped into scientific needs and practical needs. Background g overnments and other stakeholders are increasingly turning to what is referred to as a systems approach in order to establish and strengthen child protection efforts. The common law system is based on precedents and case law is therefore a vital source of law. The kenya law reports are published, being the first output of law reports for the east africa protectorate.
Regulation of legal rules and social rules law, in the sense that we are using it, is definable as a system of rules. This means that lawyers and conveyancers must brace themselves to take. Kenya methods of payment kenya methods of payment discusses the most common methods of payment, such as open account, letter of credit, cash in advance, documentary collections, factoring, etc. The kenyan constitution is the supreme law of the land, and any other law that is inconsistent with the constitution, shall, to the extent of the inconsistency, be null and void. The republic of kenya shall be a multiparty democratic state. Legitimising alternative dispute resolution in kenya. Includes creditrating and collection agencies in this country. In your reading you will constantly be referred to legal cases or. The primary sources of law in kenya are the 2010 constitution which is the supreme law binding on all persons and state organs, statutes and case law. Box 6200000200 nairobi, kenya abstract the study set out to determine the influence of contract management on performance of outsourced projects in medium manufacturing enterprises in nairobi county, kenya. Kenya as a legal system and lawyers as individuals must embrace electronic conveyancing econveyancing. Part iii examines kenya s new constitution, highlighting its bill of rights and the incorporation of international law into kenya s domestic law. The distinction between the various types of dispute resolution processes, they can be arranged from the perspective of the level of control the disputants have over the process the more formal they get the less control the parties have. However, adr programs cancomplement and support judicial reforms.
A factual element in establishing indigenous peoples and local communities collective rights over tk or tces. The legal system of england and wales is a common law system which means that much of the law is to be found in the decisions of judges in individual legal cases. Moreover, once kenya and india achieved independence, political. It is therefore not practicable for one legal system to be applied. One element of the definition of tk or tces, or can otherwise establish the. First reading a first reading is when a bill is introduced to a legislature. This module deals with legal system and method principally as applied to the system of law of england and wales. University of nairobi chuo kikuu cha nairobi professor.
Legal system and method introduction page 3 introduction to legal system and method this is a foundational module which provides you with some essential building blocks for the study of law. The 1999 national census estimated kenyas population to be 28. For example, one may ask why a certain coercive act is a legal act and thus belongs to a certain. When talking about the sources of kenyan law, therefore, this refers to the origin of the legal rules that then constitute the kenyan law. It is a bridge course designed to equip students with the basic skills and information necessary to navigate the law related courses and activities during their law school life and later. Kenya school of law was established in 1963 and the late john gachuhi who rose to become a court of appeal judge was its first.
On studocu you find all the study guides, past exams and lecture notes for this module. Tracing the various norms of a legal system back to a basic norm is a matter of showing that a particular norm was created in accordance with the basic norm. At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. A valid act of parliament takes precedence over common law or case law. Law100 notes summary introduction to legal systems and methods. The above documents are papers am currently doing at the university of nairobi as am undertaking my law degree. Includes primary credit or charge cards used in this country. The fundamental legal basis or source of law for indigenous peoples and local communities legal rights over tk or tces. Strathmore law journal, june 2015 are bound by the decisions of the supreme court. Judicial system lower courts limited jxn superior courts high court, regional tribunals, ct.
Usaids work in promoting the rule of law in developing and transitional societies over. Legal systems of the world and kenya and legal aid in kenya. Environmental impact assessment and strategic environmental. After adminis tration officials attributed responsibility for the attack to osama bin laden and the al qaeda organization, there was an. Has therefore been said that there is one, rather than 9, courts of australia. Alternative dispute resolution refers to processes for resolving disputes other than litigation. Legal methods1 course outline aim this course seeks to enable first year students to identify, analyse and research issues in any area of law. Learn basic methods of legal analysis, and develop skills in legal research and writing. They included the decisions of the then high court of east africa, the court of appeal for eastern africa and the judicial committee of the privy council on appeal from the court of appeal for eastern africa. Access study documents, get answers to your study questions, and connect with real tutors for gpr 109.
Legal systems of the world nz legal pluralism legal pluralism is the existence of multiple legal systems within one geographic area. This study was carried out using a variety of methods. I learnt a lot and it enhanced my foundation in legal knowledge and reasoning. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this. Take a deep dive into how the law is made, the operations of the legal system, and the role that this all plays in society. This article has really helped me to understand the structurehierarchy of the courts system in kenya. Studying la1031 legal system and method at university of london. Abstract it is the duty of the state to ensure that every individual enjoys his or her right to justice and this includes provision of legal aid services to those who are likely to suffer if is not provided for them. One of the most important doctrines of common law is the doctrine or precedent. Restorative justice in traditional precolonial criminal justice systems in kenya dr. Stages in the legislative process kenya law reports. Kenyas basic legal system and body of law is very similar to that found in western or european countries.
Legal systems and methods notes by kavosa assava a. Africa and the colonial legacy sandra fullerton joireman 1 do particular types of legal institutions influence the effectiveness of the rule of law. This site is like a library, use search box in the widget to get ebook that you want. Main sources of law in kenya top eight sources of law in kenya. Kenya national commission on human rights and nongovernmental organisations. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. Indeed, the parliament of kenya passed the nairobi centre for. Legal systems and legal methods at university of nairobi. The presentations contained a clear grasp of subject matter. Civil law systems decide cases without a jury, often use three judges, and often render shorter.
The sources of kenya law are specified in the judicature act 1967, s. The homegrown legal profession in kenya is only 50 years old. The former are legal syllogism, which holds sway in civil law legal systems, analogy, which is present in common law legal systems, especially in the us, and argumentative theories that occur in both systems. The assumption is that all common law systems share a similarity of structure and law which. Doc legal systems of the world and kenya and legal aid. Kenya is still a member of the british commonwealth.
The following list describes these legal systems, the countries or world regions where these systems are enforced, and a brief statement on the origins and major features of. Rodolfo sacco terms these underlying influences legal formants, influences that help drive the formation of law. Definition of law those of us who have learned humility have given over the attempt to define law max radin cardozo a principle or rule of conduct so established as to justify a prediction, with reasonable certainty that it will be enforced by the courts if its authority is challenged. Kenyas legal system is largely based on english common law and com prises private. Threat, policy, and response the war on terrorism the administrations response to the september 11, 2001 events was swift, wideranging, and decisive. Feel free to use the past paper as you prepare for your upcoming examinations. It guides and directs our activities in much of day to day life. Deep appreciation for the immense technical and financial support provided by the swedish international development authority and the unicef kenya country office, without which this process. Kenya s legal system is largely based on english common law and com prises private and public law. In most british influenced legislatures westminster systems such as kenya. In most societies in precolonial kenya the commonest mode of land holding was indeed thro non specific authority within the clan or lineage or families and towards that end, we may identify several types of land tenure so that one may talk of such tenure taking the form of the broader communal tenure whereby members of the group are deemed to. The justice and legal system in kenya is not equally accessible to everybody. Part iv argues that kenya s antisodomy laws are unconstitutional in light of the bill of rights and international human rights agreements to which kenya has legally bound itself.
Traditional dispute resolution tdr mechanisms and other informal justice systems find their rightful place in the conventional judicial system and that the same are meaningfully and actively utilized in facilitating access to justice especially for the poor kenyans. Environmental impact assessment and strategic environmental assessment. Typically, the bill is assigned a tracking number and immediately assigned to a committee. Parliament passed the magistrates and judges vetting act of 2011. Ebbe state university of new york at brockport this country report is one of many prepared for the world factbook of criminal justice systems under grant no. The kenyan legal system is based on english common law. The judiciary of kenya is the system of courts that interprets and applies the law in kenya. This is mainly a result of kenya being a part of the british empire for many decades until 1963. A source of law refers to the origin of law which constitutes its legal principle or law.
The contemporary legal systems of the world are generally based on one of four basic systems. This entry provides the description of a countrys legal system. Laws as the main source of the national legal systems. After the promulgation of the constitution of kenya 2010 the general public through parliament sought to reform the judiciary. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. World factbook of criminal justice systems kenya by obi n. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. On another front, the advent of the east african community eac has come with bounty opportunities for lawyers and conveyancers in the region. Legal method lecture notes 140 llb 101 ipu studocu. Aug 22, 2012 god bless you for your well written article. Legal methods and systems download ebook pdf, epub, tuebl, mobi.
Legal systems and methods previous year question paper. Methodology this study was carried out using a variety of methods. The constitution of kenya is divided into eleven parts. Cls 112 legal systems and methods course outline precedent. Sarah kinyanjui abstract traditional african communities are often said to have embraced restorative values in resolving conflicts and responding to wrongdoing. Find kenyatta university legal systems and methods exam previous year question paper. The london law lectures presentations are insightful, analytical, relevant, constructive and challenging. Introduction to law and legal systems github pages. An additional type of legal system international law, which governs the conduct of independent nations in their relationships with one another is also addressed below. Violence against children in kenya findings from a 2010 national survey the kenya violence against children study kenya vacs was guided by a technical working group twg consisting of government ministries and partners from social welfare, the police and legal system, education and health care sectors, and civil society. The framework for the national child protection system for kenya november 2011 3 2.
Plural legal systems are particularly common in former colonies, where the law of a former colonial. Click download or read online button to get legal methods and systems book now. Legal systems and methods exam question papers 9946. They seek to stabilize developing societies and facilitate economic development by strengthening civil structures, improving access to justice, and reforming judicial systems. Kenya s basic legal system and body of law is very similar to that found in western or european countries. Sources of kenya law nature and classification of law. A precedent is a judgment or decision of a court, normally recorded in a law report. Secondary data was used to assess the status of the legal and judicial sector. I am an international phd student at kenyatta university from ghana, taking a course in legal framework of education in kenya. However my application has mainly focused on my engineering capability which is the degree i currently hold but am able to write on both. Legal systems wex us law lii legal information institute.
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