Sources of Law.docx

Sources of Law

The origins of the rules and principles which constitute the law applicable in a country.

Judicature Act

An Act that identifies various sources of law applicable in Kenya.

Constitution

The supreme law of Kenya which prevails over all other laws and contains the basic rules and principles by which the country is governed.

Legislation

Law made by parliament directly, resulting in an Act of Parliament.

Delegated Legislation

Law made by parliament indirectly through powers granted to other bodies.

Common Law

A branch of law developed from the customs and practices of the English people.

Stare Decisis

A legal doctrine that requires courts to follow precedents set by previous decisions.

Ultra Vires

A Latin term meaning 'beyond the powers', referring to actions taken without authority.

African Customary Law

Law based on the customs and practices of various ethnic groups in Kenya.

Islamic Law

Law based on the Quran and teachings of Prophet Mohammed, applicable to Muslims in civil cases.

Hindu Law

Law based on the Hindu faith and philosophy, applicable in family and succession matters for Hindus.

Bill

A draft law proposed for consideration in parliament.

Judicial Precedent

Law that is established by the outcomes of previous court cases.

International Law

Laws and treaties that govern relations between nations.

Principal Sources of Law

Sources that apply throughout Kenya and regulate all persons, including written laws.

Subsidiary Sources of Law

Sources that apply to specific categories of people or matters, such as Islamic or customary law.

Maxims of Equity

Guiding principles within equity that govern judicial decisions.

Case Law

Laws made by judges through court decisions, which form precedents.

Legislative Power

The authority to make laws, vested in the parliament of Kenya by the Constitution.

Ratios Decidendi

The legal principle or reason for a court's decision that serves as precedent in future cases.

Obiter Dicta

Statements made in a judgment that are not essential to the decision and do not have binding authority.

Freedom of Expression

One of the fundamental rights guaranteed by the Constitution of Kenya.

Right to Life

A fundamental human right protected under the Kenyan Constitution.

Role of Parliament

The function of controlling government spending, enacting laws, and representing the people.

Legislation Process

Steps a bill goes through in parliament before it is enacted into law.

Delegated Legislation Control

The oversight mechanisms used by parliament to regulate laws made by other entities.