SOURCES OF LAW

The phrase sources of law literally means where rules of law are found. However, the phrase has been used in a variety of senses. It has been used to describe:
i. The origins of the rules and principles which constitute the law applicable in a country at a given time.
ii. The source of force or validity of the various rules or principles applicable as law in a country.
iii. The materials from which rules of law developed.
iv. The factors which influence the development of the rules of law.
Hence the phrase sources of law has been used to describe the legal, formal, historical and material sources of law

 

The various sources of law of Kenya are identified by:
1. Judicature Act
2. Constitution
3. Hindu Marriage and Divorce Act
4. Hindu Succession Act
5. Kadhis Court Act.

Sources identified the Judicature Act
1. The Constitution
2. Legislation (Act of Parliament) (Statutes)
3. Delegated legislation
4. Statutes of General Application
5. Common law
6. Equity
7. Case law or (judge–made law)
8. Africa Customary law

 

DIAGRAMMATIC REPRESENTATION OF THE SOURCES OF LAW OF KENYA

Revision kits and past papers with answers

 

 

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