What is rule of law in Kenya?
What is rule of law in Kenya?
In summary, the rule of law is the intended outcome of obeying the law. The rule of law demands that persons in the positions of authority must exercise their powers and functions in line with the Constitution of Kenya and the laws of Kenya rather than in an arbitrary manner, ad hoc or based on their ideology.
What is the importance of the rule of law in Kenya?
It promotes fairness in the administration of justice/equality before the law.
How is rule of law upheld Kenya?
How does the Kenya government ensure that the rule of a law is upheld in the country? Ensuring that suspected criminals are tried in a court of law and if found guilty are sentenced. Allowing those found guilty to appeal for retrial. Entitling every accused person legal representation by an advocate of the High court.
What are the sources of law in Kenya?
In Kenya, the laws have been derived from the Kenya National Constitution, the legislation i.e. parliamentary acts, subsidiary legislation, the substance of common law and the African customary law.
How is justice administered in Kenya?
In Kenya, the courts under the Constitution operate at two levels, namely; Superior and Subordinate courts. The Court is organized and administered in the manner prescribed by an Act of Parliament. The Court has a Principal Judge, who is elected by the judges of the High Court from among themselves.
What factors limit the effectiveness of law?
Factor 1: Constraints on Government Powers.
Why is there a rule of law?
The rule of law functions because most of us agree that it is important to observe the law, even if a police officer is not present to enforce it. Our agreement as citizens to obey the law to maintain our social order is sometimes described as an essential part of the social contract.
Why are rules and laws important?
Laws protect our general safety, and ensure our rights as citizens against abuses by other people, by organizations, and by the government itself. We have laws to help provide for our general safety. Speed limits and traffic laws exist so that we drive in a safe manner.
What are the main function of law?
maintenance of law and order in society; to maintain status quo in society; to ensure maximum freedom of individuals; and. to satisfy the basic needs of the people.
What are the sources of Kenya laws?
The constitution. It is a formal document that defined the rules and regulations,functions and roles of the various government state bodies and the relation between them and the public.
What is the legal system in Kenya?
The Kenyan legal system consists of a mix of Kenya statutory (written) law and Kenyan and English common law, mixed with elements of tribal and Islamic law. Kenya’s basic legal system and body of law is very similar to that found in western or European countries.
What are the labour laws in Kenya?
The Kenya Labour law (also spelled as “labor” law or called “employment law”) mediates the relationship between workers (employees), employers, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer and union.
What are the public holidays in Kenya?
The New Constitution of Kenya recognizes only three public holidays that are Madaraka Day, Mashujaa Day and Jamhuri Day. The three are national days to commemorate the struggle for independence and the enactment of self-rule.
