CHAPTER ONE: NATURE, PURPOSE AND KINDS OF LAW
Learning Objectives
Define law and related terms
Differentiate law from morality
Understand the role of law in society
Understand the relationship between law and ethics
Differentiate classifications of law
Definition and Nature of Law
Law is a system of rules developed and enforced by a government to regulate behavior and ensure justice. It governs the conduct of
individuals and groups within a society.
Views by Jurists:
Hobbes: Law limits natural liberty to promote mutual assistance.
Locke: Law preserves and enlarges freedom.
Bentham: Law promotes happiness for the greatest number.
Roscoe Pound: Law maintains order, status quo, personal freedom, and meets societal needs.
Salmond: Law aims to achieve justice.
Importance and Role of Law
Maintains law and order
Protects individual rights
Promotes fairness and equality
Provides mechanisms to resolve disputes
Advantages of Law
Ensures uniformity and consistency
Prevents arbitrary decisions
Guides judicial decision-making
Disadvantages of Law
Can be rigid and conservative
May be complex and slow to change
Formalities may delay justice
Law vs. Morality
Law: Enforceable by courts, applies to all, precise.
Morality: Based on personal or cultural values, not legally enforced.
Example: Stealing violates both law and morality; dishonoring parents violates morality but not law.
Classifications of Law
1. Public Law: State vs. individual (e.g. criminal, constitutional)
2. Private Law: Individual vs. individual (e.g. contracts, torts)
, 3. Civil Law: Rights and duties between individuals
4. Criminal Law: Offenses against the state
5. Substantive Law: Defines rights and duties
6. Procedural Law: Outlines legal processes
7. International Law: Governs relations between nations
8. Municipal Law: Domestic law of a nation
CHAPTER TWO: SOURCES OF KENYAN LAW
Formal Sources (Judicature Act, Sec. 3)
1. The Constitution – Supreme law
2. Statutes – Acts of Kenyan Parliament
3. UK Statutes of General Application (pre-1897)
4. Common Law and Equity (pre-1897)
5. Judicial Precedents
6. Delegated/Subsidiary Legislation
7. African Customary Law
8. Islamic Law
The Constitution
Defines government structure, rights, and duties
Supreme law (Article 2): Any law inconsistent with it is void
Legislation (Statute Law)
Law enacted by Parliament
Bills: Proposed laws (Public or Private Member Bills)
Process: Proposal → Cabinet → Drafting → Three Readings in Parliament → Presidential assent
Delegated Legislation
Made by bodies under authority from Parliament
Includes by-laws, rules, orders, etc.
Advantages: Quick, flexible, uses expert knowledge
Disadvantages: May lack oversight, undemocratic
Common Law and Equity
Based on English legal principles pre-1897
Common Law: Custom-based judicial decisions
Equity: Fairness, supplements common law
Judicial Precedent (Case Law)
Past court decisions guide future ones
Ratio decidendi: Binding part
Learning Objectives
Define law and related terms
Differentiate law from morality
Understand the role of law in society
Understand the relationship between law and ethics
Differentiate classifications of law
Definition and Nature of Law
Law is a system of rules developed and enforced by a government to regulate behavior and ensure justice. It governs the conduct of
individuals and groups within a society.
Views by Jurists:
Hobbes: Law limits natural liberty to promote mutual assistance.
Locke: Law preserves and enlarges freedom.
Bentham: Law promotes happiness for the greatest number.
Roscoe Pound: Law maintains order, status quo, personal freedom, and meets societal needs.
Salmond: Law aims to achieve justice.
Importance and Role of Law
Maintains law and order
Protects individual rights
Promotes fairness and equality
Provides mechanisms to resolve disputes
Advantages of Law
Ensures uniformity and consistency
Prevents arbitrary decisions
Guides judicial decision-making
Disadvantages of Law
Can be rigid and conservative
May be complex and slow to change
Formalities may delay justice
Law vs. Morality
Law: Enforceable by courts, applies to all, precise.
Morality: Based on personal or cultural values, not legally enforced.
Example: Stealing violates both law and morality; dishonoring parents violates morality but not law.
Classifications of Law
1. Public Law: State vs. individual (e.g. criminal, constitutional)
2. Private Law: Individual vs. individual (e.g. contracts, torts)
, 3. Civil Law: Rights and duties between individuals
4. Criminal Law: Offenses against the state
5. Substantive Law: Defines rights and duties
6. Procedural Law: Outlines legal processes
7. International Law: Governs relations between nations
8. Municipal Law: Domestic law of a nation
CHAPTER TWO: SOURCES OF KENYAN LAW
Formal Sources (Judicature Act, Sec. 3)
1. The Constitution – Supreme law
2. Statutes – Acts of Kenyan Parliament
3. UK Statutes of General Application (pre-1897)
4. Common Law and Equity (pre-1897)
5. Judicial Precedents
6. Delegated/Subsidiary Legislation
7. African Customary Law
8. Islamic Law
The Constitution
Defines government structure, rights, and duties
Supreme law (Article 2): Any law inconsistent with it is void
Legislation (Statute Law)
Law enacted by Parliament
Bills: Proposed laws (Public or Private Member Bills)
Process: Proposal → Cabinet → Drafting → Three Readings in Parliament → Presidential assent
Delegated Legislation
Made by bodies under authority from Parliament
Includes by-laws, rules, orders, etc.
Advantages: Quick, flexible, uses expert knowledge
Disadvantages: May lack oversight, undemocratic
Common Law and Equity
Based on English legal principles pre-1897
Common Law: Custom-based judicial decisions
Equity: Fairness, supplements common law
Judicial Precedent (Case Law)
Past court decisions guide future ones
Ratio decidendi: Binding part
