Kenya · Overview
The legal system of Kenya
A common-law system transformed by the 2010 constitution, which created 47 devolved counties, a Supreme Court, and one of the strongest bills of rights in Africa. Kadhis' courts have constitutional standing for Muslim personal status. Kenyan courts have annulled a presidential election and struck down constitutional amendment attempts, making this an unusually active constitutional jurisdiction.
Legal tradition
Kenya belongs to the mixed (common law, customary law, islamic law) tradition. A common-law system transformed by the 2010 constitution, which created 47 devolved counties, a Supreme Court, and one of the strongest bills of rights in Africa. Kadhis' courts have constitutional standing for Muslim personal status. Kenyan courts have annulled a presidential election and struck down constitutional amendment attempts, making this an unusually active constitutional jurisdiction.
How power is divided
Presidential system with no Prime Minister, a bicameral Parliament of National Assembly and Senate, 47 county governments with their own assemblies and executives, and an independent judiciary supervised by the Judicial Service Commission.
Where law comes from
- Constitution
- Supreme; article 2 voids inconsistent law and directly incorporates treaties.
- Acts of Parliament
- National Assembly and Senate legislation.
- County legislation
- County assemblies legislate on Fourth Schedule functions.
- Common law and equity
- Received English rules as developed by Kenyan courts.
- Customary law
- Applied in civil cases where not repugnant to justice and morality.
- Islamic law
- Applied by Kadhis' courts in Muslim personal status matters.
The legal profession
Fused: an LLB, the Kenya School of Law advocates training programme, and admission by the Chief Justice produce an advocate of the High Court. The Law Society of Kenya is the professional body; Senior Counsel is the senior rank.
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