Absolute supremacy of the law which shall be clear, easily accessible, stable and prospective rather than retrospective. Note on the existing kenyan constitutional provisions on freedom of expression, article 19, london, 2009 index number. Basically company law consists partly of ordinary rules of common law and equity and partly of statutory rules. Revision notes for federal constitutional law notes. English law of contract to apply in kenya 1 save as may be provided by any written law for the time being in force, the common law of england relating to contract, as modified by the doctrines of equity, by the acts of parliament of the united kingdom applicable by virtue of. This paper focuses on the current status of international law within the kenyan constitutional law framework. Constitutionalism is one of the most elusive term in the description of the situations in almost all states in africa. Before the current establishment, tanzania has had three constitutions. We would like to show you a description here but the site wont allow us. Osogo ambani, lld cand, llm up, llb uon, lecturer, moi university school of law. Primary source of legal authority, the blueprint for govn and the document that defines the relationship bw australians and.
The people may exercise their sovereign power either directly or through their democratically elected representatives. The power of public authorities to change policy is constrained by the legal duty to be fair and other constraints which the law imposes. The law treats companies in company law distinctly from partnerships in partnership law. Fundamental rights and freedoms of the individual 70 whereas every person in kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of. S109inconsistencyofstateandfederal legislation 109 inconsistency of laws when a law of a state is inconsistent with a law of the commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. The article deals with the concepts of constitution, constitutional law, and constitutionalism. Most people that i have talked to expect the new kenyan constitution to pass in the upcoming august referendum in spite of opposition from several church groups and politicians. To know the role of the constitution in good governance and development. It also states that no state shall make any law abridging the rights of any of its citizens without due process of law. Part 2 by dr kiarie mwaura as indicated in the relevant sections prof ben sihanya, jsd stanford scholar, intellectual property, constitutionalism, and education.
The 2010 constitution and the application of international. Full kenyan constitution search through the various elements i. Dworkins moral interpretation of judicial responsibility vi. It is not meant for public or wholesale distribution. Lecture notes welcome to our free kenya law lecture notes.
The statutory rules are to be found in the companies act which is the current cap 486 laws of kenya. Hi fellow law students, i am sharing pdf notes, book and ebook for the subject constitutional law for llb and ba. All 1st semester constitutional law of india 1 contract jurisprudence law of crimes law of torts 2nd semester constitutional law of india 2 contract 2 family law hindu law jurisprudence 2 law of taxtion 3rd semester 4th semester company law environmental law labour and industrial law 5th semester civil procedure code and limitation. An act of parliament to repeal the employment act, declare and define the fundamental rights of employees, to provide basic conditions of employment of employees, to regulate employment of children, and to provide for matters connected with the foregoing. Articles 25 and 26 of the constitution of kenya, 2010, recognize international law as a valid norm within the legal system. Pdf the current status of international law in kenya. Terms in this set 98 constitutional lawis the law of the stateelements that justify the power of the statewhy does the power of the state exist. Up until the adoption of a new constitution in the year 2010, international law was. Administrative law, though law is different from other branches of law as some times it goes beyond the law to examine administrative circulars, policy statements, memoranda and resolution. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. All citizens should have the capacity to enforce their rights in a court of law. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and. The constitution of tanzania, formally constitution of the united republic of tanzania and also known as permanent constitution or fourth constitution of tanzania, was ratified in 1977.
This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. Pdf administrative law notes kenya patrick kilonzo. An act of parliament to apply the english common law of contract to kenya, with certain modifications. The 14th amendment is important, but the first clause is the most important.
Prior to the 14th, states were free to ignore the bill of rights. Constitutional law study notes law csl2601 unisa studocu. The emerging jurisprudence on kenyas constitutional. Kenyas constitutional history university of cambridge. Kenyan constitutional provisions on freedom of expression. Click on the links below to read the relevant lecture notes that will assist you with your law studies. Know all your rights and duties as a citizen at the palm of your hand. To know the human rights and freedoms and methods of enforcement. Course objectivesto enable students to understand the constitution of uganda in entirety. Welcome to ksl library downloads ksl downloads for class notes, past papers, course outlines and other materials you will be guided by library team how to create accounts to access. Devolution in kenyas new constitution in 2010, on the cusp of kenyas new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenyas democratic change framework. A state cannot govern itself on an ad hoc basis without there being some norms to regulate its basic institution. Constitutional law ii llb i part 1 is taught by prof ben sihanya. You will find margin notes throughout the study guide that highlight some of the important questions that you need to ask yourself when studying this module.
Kenya falls under this category of states that are struggling to cultivate a constitutional culture and severe the attachment with their undemocratic past. Carefully curated revision notes for federal constitutional law notes written by highscoring law grads. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The 2010 constitution of kenya, currently in force, replaced the. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this. These notes are prepared by radhika seth, law centre 2. It imposes checks on the executive, which has up to now had. There must be a predictable body of norms and rules from which the governmental organs must draw their power and functions. An introduction to australian constitutionalism unit examines both australian and vic constitutions and the principles that inform their history, structure and operation. We hope that, by posing the questions asked in the margin notes, you will be motivated to find the answer and grasp the. The course covers constitutional law principles with particular reference to the 1995 constitution of uganda. The kenyans endorsed a new constitution in a referendum on the 4. A change of policy which would otherwise be legally unexceptionable may be held unfair by reason of prior action, or inaction, by the authority. These are all the available lecture notes in this section.
Despite the constitution establishing a basis for a more progressive application of international norms within the legal system, recent jurisprudence from a superior court of record seems to relegate the role of international legal instruments. The constitution of the republic of kenya, 1963 as. Constitutional law revision notes, book, ebook for llblaw. We filtered through 100s of applicants to select only the. Home law strathmore monographs in law constitutional law of kenya on devolution. This is also the view of the usbased consultancy stratfor in a new report on kenya. Published by the national council for law reporting with the authority of the attorney general. Law200905kenya 1 note on the existing kenyan constitutional provisions on freedom of expression article 19 may 2009 article 19 kenya and east africa, acs plaza lenana road p. Principles of constitutional law ii makerere university. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. University of nairobi law school parklands law campus, room b10 box, sarit centre, 00606 nairobi, kenya.
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