Four Main Sources Of Criminal Law In Kenya

Four Main Sources Of Criminal Law In Kenya
December 16
19:48 2017

…Four Main Sources Of Criminal Law In Kenya

Criminal law defines crimes; sets the procedures for arrests, searches and seizures, and interrogations; establishes the rules for trials; and specifies the punishments for offenders

Kenya’s Supreme Court judges file into the chamber during the opening of the 11th Parliament in the capital Nairobi April 16, 2013. REUTERS/Noor Khamis (KENYA – Tags: POLITICS)

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.

The constitution

It is a formal document that defined the rules and regulations, functions and roles of the various government state bodies and the relation between them and the public. It comes first in the country and any matters that need emergency response are handled according to the requirements provided by the constitution. It is therefore important for one to read and understand well.

Acts of parliament

Before a certain law is enacted, it is generally referred to as a bill. The members of parliament that are chosen by the people via elections are responsible for debating on the various basics that affect the lives of Kenyans eventually making laws upon reaching a suitable conclusion.


The Acts of UK parliament

The source of law deals with matter pertaining foreign tribunal evidences acts of around the year 1856.It further contains the evidence of 1851 and the law ascertainment act of 1857.The source of law is quite important as majority of its specifications merge hand in hand with the international law.

Judicial Precedents

They can be simply be described as case or judge made laws. It includes first a certain judge looking at the law available and eventually making certain conclusion about it. There are four main types of judicial precedents in the law system of Kenya namely the original, declaratory, distinguishing and overruling precedents.

Acts of Indian parliament

The above law source mostly concerns itself with issues pertaining the property transfer acts in the nation. It is important that one takes proper consideration as what should be done to ensure that the property they have is secure when law is applied.


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David Chris

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