Sources of Law in Kenya
Have you ever wondered where the law used by judges and persons of the law to justify an act comes from? According to Hart, a law specialist law is a coercive instrument for regulating social behavior. Therefore, law implies rules of principles enforced by court of law. Law consists of rules of conduct and standards prescribed by the people in authority for governing and regulating peaceful relations between members of a society. Therefore, law a part of human day to day life. Beneath is a list of sources of law, read on for a complete list and learn something?
1.The Constitution.
The Constitution of Kenya was enacted on September 12, 1963 and changed in 2010.It is a comprehensive framework of rules which define the composition and powers of the different organs of the state and their relationship to each other with its citizens. The contents of the constitution covers a wide variety of issues which includes the method of voting, appointment of ministers, appointment of judges, citizenship, protection of fundamental rights and freedom of an individual, immunities of judges and many more others. Knowledge of the constitution will enable you to know your rights and freedom as a citizen and other features in the country. To learn more on the constitution, enroll at Finstock Evarsity College for the Basics in Law course.
2.Acts of Parliament.
Parliament makes law called legislations which contain rules made either directly or indirectly by parliament. A direct legislation is when the rules themselves are contained in an act of parliament whereas an indirect legislation on the other a hand is where the rules are made by virtue of powers contained in statue which confers upon some competent body of power to make rules having the force of power such body include the orders by ministers, by -laws of state corporations and by-laws of local authorities such as city commission. Indirect legislation is therefore a delegated legislation.
3.The Substance of Common Law.
Common law as it known today consist of the whole non-statutory law of England excluding the rules of equity. Common law originated in the ancient customs and was developed by English Judges. Decision of higher courts in cases involving facts and points of law bind lower courts but judges tend to keep to the rule of precedent and go by past decision of the court question. The rule of equity was developed to supplement the common law which meant to plug the loopholes that existed in common law. Where equity and common law conflicted, equity prevailed.
4.The African Customary Law.
Customary law originated from the habitual practices and traditions of ingenious Kenyan communities. The law is limited to civil cases and in cases where one or more of the parties is affected in it. These limitations make African customary law to be applicable under the following matters, land held under customary law, marriage, divorce and maintenance of the dowry, seduction or pregnancy of unmarried woman or girl, enticement of or adultery with a married woman and lastly succession and administration of estates.
5.Islamic Law.
Islamic law is derived from Quran which is applied in Kadhi’s court in cases where both parties of the dispute profess the Muslim faith. Islamic law is applied in personal status, marriage, divorce and inheritance. This courts are presided by judges and advocates with a higher understanding of the Quran. A Theology course that is offered at Finstock Evarsity College will equip you with knowledge a better understanding of Quran in depth which will create an opportunity to enroll in the law industry as a judge or an advocate to the plaintiff in the court.
