Kenyan Legal Systems and Principles

These flashcards cover the fundamental vocabulary and concepts from the lecture notes on Kenyan Law, including sources of law, court structures, business entities, labour rights, intellectual property, torts, and contracts.

Law

The body of principles recognized and applied by the state in administration of justice, consisting of rules recognized and acted on by courts of justice.

The Constitution of Kenya (2010)

The supreme law of Kenya that guides country operations, establishes the sovereignty of people, the supremacy of the constitution, citizenship, the bill of rights, and top government offices.

Acts of Parliament/Statutes

The primary source of written law, passed by the National Assembly and the Senate, which puts the Constitution into effect.

Substantive laws

Laws that define what is lawful and unlawful to do, such as the penal code.

Procedural laws

Laws that define the steps to be taken for legal actions, such as the criminal procedure code.

Case Law/Judicial Precedent

Decisions made by courts when a case is over, used for explaining decisions or addressing a lacuna (grey area) in the law.

Equity

A body of law developed by the Court of Chancery in England to supplement and correct the harshness and rigidity of common law.

Maxim of Equity

A short, established legal saying or principle that expresses a fundamental rule of equity used by courts for fair remedies.

Common Law

Body of law originating in England through court decisions and legal principles developed over centuries, introduced to Kenya during the colonial period.

African Customary Law

Laws derived from African tribes followed for generations, applicable only if they do not contravene the bill of rights, the constitution, or morality.

Civil Case

A legal dispute between private parties where a plaintiff seeks a remedy, such as compensation, against a defendant.

Balance of probabilities

The standard of proof in civil cases where the plaintiff must prove their version is more likely than not to have occurred, at a probability of greater than $50\%$.

Criminal Case

A legal proceeding brought by the state against an individual or organization (the accused) for acts prohibited by law and harmful to society.

Beyond reasonable doubt

The standard of proof in criminal cases requiring the prosecution to prove guilt to a high degree of certainty, approximately $99\%$.

Bail

The release of an accused person from custody upon payment of a cash deposit to the court as security to ensure they return for court dates.

Bond

The release of an accused person from custody upon a written promise to appear in court, usually backed by a surety.

Supreme Court

The highest and final court in Kenya, composed of the Chief Justice, Deputy Chief Justice, and five other judges.

High Court

A superior court with unlimited original jurisdiction in criminal and civil cases, as well as roles in constitutional matters and judicial review.

Environment and Land Court (ELC)

A specialized court equal in status to the High Court that deals with land ownership, boundaries, and environmental conservation.

Employment and Labour Relations Court (ELRC)

A specialized court equal in status to the High Court that deals with employment disputes, labor rights, and trade unions.

Pecuniary Jurisdiction

The maximum value of civil cases a magistrate can hear, ranging from $KSh\,5\,million$ for Resident Magistrates to $KSh\,20\,million$ for Chief Magistrates.

Small Claims Court

A court created to resolve small civil disputes quickly and informally, with a jurisdiction up to $KSh\,1\,million$.

Court Martial

A special military court dealing with offences committed by members of the Kenya Defence Forces (KDF).

Kadhis' Court

A special court for Muslims dealing with disputes involving marriage, divorce, and inheritance where all parties are Muslim and voluntarily submit.

Natural person

A living human being with rights and duties, who can enter contracts, own property, sue, or be sued.

Legal person

A non-human entity formed by law that is treated as an individual with its own rights, duties, and obligations.

Sole Proprietorship

A business where the owner and business are one legal entity, characterized by unlimited liability and full owner control.

Partnership

An agreement between $2$ to $20$ people to carry out business with the aim of profit, characterized by mutual agency and fiduciary duty.

Forced labour

Work or services performed under the threat of penalty for which the person has not offered themselves voluntarily.

Sexual harassment

Any unwanted conduct of a sexual nature directed at an employee that is offensive, humiliating, or intimidating.

Summary dismissal

The immediate dismissal of an employee for reasons such as absenteeism without cause, intoxication, or criminal offences on business premises.

Patents

A right granted for an invention of a product or service providing a new way of doing things, lasting for $20$ years.

Trademarks

A distinctive sign that identifies certain goods or services, registered locally under the Trademarks Act via KIPI.

Copyrights

A right granted to a creator of original work to protect creative expression from unauthorized reproduction or distribution.

Tort

A civil wrong, derived from the Latin word 'tortum', whose primary remedy is compensation.

Negligence

The breach of a duty of care by one person to another which results in undesired damage or loss.

Strict liability

Legal responsibility for harm even if the defendant was not negligent and did not intend to cause harm.

Slander

A defamatory statement made verbally or orally in a temporary form.

Libel

A defamatory statement in permanent form, such as print or audio-visual publication.

Absolute privilege

Complete protection against defamation claims for statements made in Parliament, court proceedings, or high-level government communications.

Volenti non fit injuria

A legal defense meaning 'to a willing person, no injury is done', applied when a claimant voluntarily agreed to the risk of harm.

Assault

An intentional act that causes another person to reasonably fear they are about to be physically harmed.

Battery

The intentional and unlawful application of physical force to another person without their consent.

Contract

A legally binding agreement between two or more parties where rights and obligations are acquired.

Consideration

Something of value, such as money or its worth, given or promised by one party in exchange for another party’s promise.

Counter-offer

When an offeree changes the terms of the original offer and makes a new offer, terminating the original one.

Doctrine of Part Performance

An equitable principle allowing the enforcement of a contract despite failure of formalities if one party has already started performing their agreement.

Frustration

The ending of a contract because an unexpected event, such as death or destruction of subject matter, makes performance impossible.

Negotiable instrument

A written document, such as a cheque or promissory note, giving a person the right to receive a specific amount of money, which can be transferred.

Agent

A person authorized to act on behalf of a principal to create legal relationships with third parties.