Date Posted: 5/25/2013 4:47:14 AM
Posted By: KOROHS Membership Level: Silver Total Points: 840
By definition, promulgation is the act of formally announcing or declaring a new statutory or administrative law as having effect. In the Kenyan legal system all laws that come into force are promulgated. For there to be obedience of the law there must knowledge of the law first. Citizens ought to know in advance the rules by which they are to act and by which they expect others to act. Promulgation therefore ensures that citizens know when a law comes into force. In Kenya this postulate is being complied with though I cannot exactly say that it is being perfectly complied with. This is because in Kenya we have different communities and different classes of people. As much as we try to eliminate illiteracy we must still accept there is a class of illiterate citizens of Kenya. The only time the illiterate class new of a promulgation of a law was on 27th august 2010. This is because the new constitution of Kenya was being promulgated and even the illiterate class witnessed this. It is not in conflict that for a law to be obeyed, it is necessary that it should be known: that it may be known, it is necessary that it be promulgated. But to promulgate a law, it is not only necessary that it should be published with the sound of trumpet in the streets or twenty one gun shots/salutes; not only that it should be read to the people; not only even that it should be printed: all these means may be good, but they may be all employed without accomplishing the essential object. They may possess more of the appearance than the reality of promulgation. To promulgate a law, is to present it to the minds of those who are to be governed by it in such manner as that they may have it habitually in their memories, and may possess every facility for consulting it, if they have any doubts respecting what it prescribes. This can be done in many ways depending on the classes of citizens we have. We must not forget we have children in schools who are to become leaders of the country therefore making law known to them at that early stage as a way of promulgating the law can be of help. The illiterates can also be made aware of the laws through their religious and other social gatherings. It is my view that the Kenyan legal system has to some extend failed to comply with this postulate of promulgation of the law.
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