“Sources of law is that which may be pointed out as forming the basis of law.” In light of this, name and explain FIVE sources of law in Kenya

“Sources of law is that which may be pointed out as forming the basis of law.” In light of this, name and explain FIVE sources of law in Kenya.
BBM 109: BUSINESS LAW
FIRST YEAR FIRST SEMESTER
TOPIC: SOURCES OF LAW IN KENYA

Answers

1. Constitution
It is a body which has basic values and principles which a society has resolved to govern itself or regulate its dealings. A constitution contains agreed contents of the political system. In it, the government structure is contained.
2. Legislation
Comprises of rules, regulations, orders and notices formulated by subordinate but competent bodies like local authorities, government ministries and statutory boards.
3. Equity
It is a branch of law in England which was developed by the various lords, chancellors’ courts to supplement the common law. Its intended formulation purpose was to mitigate the hardness of the common law.
4. Islamic law
It is based on the Muslim Holy book Quran and the teachings of Prophet Muhammed accompanied in his sayings known as Hadiths. It is recognized as a source of law in Kenya in the section 66 of the constitution and section 5 of the kadhi’s court.
5. African customary law
Based on customs and practices of various ethnic groups in Kenya not every rule of local customs is relied upon by a court of law for settlement of dispute.
6. Hindu law
Based on the Hindu customs and faith and philosophies as it is a subsidiary source of law of Kenya. It is recognized as a source of law by the Hindu marriage and divorce acts and Hindu succession act.
7. Statues
Recognized as a source of law in Kenya by section 3C1 of the judiciary Act. However, their application is restricted as they can only be relied upon;
i. Absentia of an act of parliament in Kenya
ii. If consistent with the constitution of Kenya
iii. If the circumstances of Kenya and its habitants agree
8. Private law
This may be through powers of contracts which may provide a legal binding private law.
9. Treaties
Binding or contractual laws between two parties as they mutually agree on matter. Basically used in the law of Kenya to show agreement and consequence of an ultra-vas Act.

Dullayo answered the question on April 22, 2018 at 15:29

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“Sources of law is that which may be pointed out as forming the basis of law.” In light of this, name and explain FIVE sources of law in Kenya

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