Law and Language in the Kenyan Perspective

| General, Jurisprudence.

The Interpretation and General Provisions Act, makes provision in regard to the construction, application and interpretation of written law, to make certain general provisions with regard to such law and for other like purposes. However, constitution interpretation is not subject to this Act as its interpretation power has been granted to the judiciary. In Kenya,… Read more »

Legal Issues Pertaining to Digital Migration in Kenya

| General.

Introduction Digital migration is the process in which broadcasting services offered on analogue technology are converted and replaced with digital based networks.[1] The benefits that come along with digital migration include better picture quality, more channels, efficient use of the frequency spectrum, lower transmission costs and optimal utilization of the transmission infrastructure, The ITU (International… Read more »

Carriage of Goods by Air (Commercial Law)

| General.

Introduction The Warsaw Convention was signed in Warsaw in 1929. It stepped in to unify specific rules relating to International Carriage of goods by Air. The convention covers all international carriage of persons, luggage or goods performed by aircraft where consideration has been paid. The convention talks of carriage for a ‘reward’. The documents of… Read more »

SEPARATION OF POWERS

| General.

Separation of powers started way back in times of Aristotle and John Locke. But the principles and real development started in the 18th century when a political philosopher, called Charles-Louis de secondat, Baron de La Brede et de Montesquieu or shortly Montesquieu. He was born on 18th January 1689 and was a French lawyer, man… Read more »

Defense of Entrapment

| General.

  Introduction This essay paper gives a critical evaluation of the entrapment defense as used within the criminal justice system. The hypothetical case under study has been evaluated against a number of case law precedents in the same area. Further, salient features of the study area have been addressed with a succinct conclusion provided drawing… Read more »

JURISPRUDENCE AND JUSTICE

| General.

The concept of justice is based upon and is equated with moral rightness (ethics), rationality, law, natural law, fairness, righteousness, equality, goodness, and equity. What constitutes justice vary from society to society, person to person, from time to time and from place to place. It has thus been subject to various philosophical, legal, and theological… Read more »

PURE THEORY OF LAW

| General.

It’s the law purified of all political ideology and all natural-scientific elements and conscious of its particular character because conscious of the particular laws governing its object. It’s nothing but a pure norm, admits only a normative and formalistic method of study, every other method being destructive of the very object of research. That is… Read more »

Sociological Jurisprudence reflected in the constitution of Kenya.

| General.

Article 1(3) of the Constitution provides that the sovereign power is delegated to state organs which include the parliaments[1], Judiciary and independent tribunals, national and county executive structures. This is also expressed in the sociological school through the organic theory which states that the society is comprised of institutional organs and powers involved in the… Read more »

Natural law Jurisprudence reflected in the Kenyan constitution.

| General.

Natural law jurisprudence can be summarized in its simplest form as that law which cannot be properly understood outside the prospects of morality and the proposition that there is a higher moral law which cannot be subordinated by human made law. How far the Kenyan legal system has embraced natural law jurisprudence can only be… Read more »

Understanding The Role of a Prosecutor.

| General.

Many people don’t clearly understand the role of a public prosecutor. It is ironical that even the prosecutors themselves don’t understand the nature of their work. As it is generally believed by many, the purpose of a criminal prosecution is not to obtain a conviction; it is to lay before a judge or a magistrate,… Read more »

The Legal Distinction between Murder and Homicide

| General.

Most people frequently use the terms homicide and murder as if they mean one and the same thing.However, there is a very clear distinction in their meaning. Homicide is the killing of one person by another in circumstances which may be justified or excusable. On the other hand, Murder is as a result of premeditation…. Read more »

Development of test for duty of care in negligence

| General.

The concept of duty of care in negligence is rooted in the 18th century when there rose too many cases of negligence. This raised a need for certainty so that the litigants could be sure on what grounds to the lay the claim for duty of care. It was developed and is so firmly established… Read more »