INTRODUCTION TO ELEMENTS OF LAW STUDY NOTES
Contents
i. Definition of law
ii. Classification of law
iii. Sources of law in Kenya
iv. Hierarchy of courts in Kenya
Introduction to law the nature, purpose and kinds of law
There are many types of law such as physical sciences, laws of social sciences, moral laws and
the laws of the state. Our concern is the law of the state because it does affect how we life
and do business. Social law is also important since it defines how people relate and can be
used as a basis of the laws of the state. Moral law unless enshrined in the statutes is not part
of the state law. Moral law explains to us what is right and wrong which is crucial for
business. Many businesses are closing down today because of corruption and staff pifrlige and
are both moral issues. On the state laws it is the duty of every citizen to obey them. Failure
to obey those laws leads to punishment and ignorance of such law is no defense.
Some definitions of the term law include
Woodrow Wilson- law is that portion of established thought and habit which has
guided distinct formal recognition in the shape of uniform laws , backed by authority
and power of the government
Holland- a law is a general rule of external human action enforced by a sovereign
political authority
Salmond- the law is the body of principles recognized and applied by the state in the
administration of justice
Law is a rule of human conduct imposed upon and enforced among the members of a
given state
From the above definitions law refers to a set of rules and principles that govern the conduct
of affairs in a given community at any given time, whereby machinery is provided for an
aggrieved party to enforce his right in case any of these rules or principles is broken
The following points are important to note;
Set of rules- law is a body of rules which originate from customs,, acts of parliament, court
decisions or some other acceptable sources.
Guidance of human conduct-human beings follows these rules for their own safeguard and
betterment
Application to community- rules apply to specific communities. This community may be a
sovereign state or a business community or a profession
Change of rules-the law changes over a period of time. It means that law is not static. Law
must change with time to meet the changing needs of the people and the business world and
especially now because of technological advancement and globalization.
ELEMENTS OF LAW STUDY NOTES PREPARED BY MR. ANTONY AMBIA Page 1
, Enforcement- law must be enforced to avoid anarchy by the enforcing agencies such as the
police and the courts to live and work orderly and peaceably.
PURPOSE OF LAW
The main purposes of law are
To regulate the conduct of human behavior
To provide justice to the members of the society
To maintain the political and economic stability
To protect the fundamental rights and freedoms of the individuals
To establish the procedures and the regulations regarding dealings among individuals
Law and morality
Rules of law are enforced by an action in courts while morality unless enshrined in law
cannot be enforced by court. For example we all know it’s moral to respect others especially
the elderly. When a person fails to honour and respect the elderly or parents the disrespect
cannot be forced by law. Theft is against moral law and is also against the law. When people
steal they commit a crime and are charged in a court of law to protect the innocent party.
CLASSIFICATION OF LAW
Law may be classified into
Public law and private law- public law governs the relationship between the government
and its citizens while private law governs how citizens relate amongst themselves. Public law
is made up of the constitutional law, administrative law and criminal law. Private law
consists of those duties and rights of persons towards another. Private law is also called civil
law.
Criminal and civil law-criminal law is used by the state to protect the citizens when a public
wrong is committed. The state prosecutes on behalf of the citizen and the victim of the
public wrong does not have any direct interest in the case. This law is contained in what is
called the penal code. Civil law is as defined above.
Civil wrongs criminal wrongs
1. Is a violation of the private rights of 1. Is a public wrong which result in the
the individuals which include tort, prosecution and punishment of the
breach of contract, breach of trust wrong doer. The punishment is
2. It is a private wrong against an usually imprisonment, fine or both
individual 2. It is a public wrong against the state
3. The parties to a dispute between two 3. The parties are the accused ( the
citizen is the plaintiff (the one who wrong doer) and the state
sues)And the defendant (the one who 4. The parties cannot settle the matter
has been sued) out of court but on rare occasions the
ELEMENTS OF LAW STUDY NOTES PREPARED BY MR. ANTONY AMBIA Page 2
Contents
i. Definition of law
ii. Classification of law
iii. Sources of law in Kenya
iv. Hierarchy of courts in Kenya
Introduction to law the nature, purpose and kinds of law
There are many types of law such as physical sciences, laws of social sciences, moral laws and
the laws of the state. Our concern is the law of the state because it does affect how we life
and do business. Social law is also important since it defines how people relate and can be
used as a basis of the laws of the state. Moral law unless enshrined in the statutes is not part
of the state law. Moral law explains to us what is right and wrong which is crucial for
business. Many businesses are closing down today because of corruption and staff pifrlige and
are both moral issues. On the state laws it is the duty of every citizen to obey them. Failure
to obey those laws leads to punishment and ignorance of such law is no defense.
Some definitions of the term law include
Woodrow Wilson- law is that portion of established thought and habit which has
guided distinct formal recognition in the shape of uniform laws , backed by authority
and power of the government
Holland- a law is a general rule of external human action enforced by a sovereign
political authority
Salmond- the law is the body of principles recognized and applied by the state in the
administration of justice
Law is a rule of human conduct imposed upon and enforced among the members of a
given state
From the above definitions law refers to a set of rules and principles that govern the conduct
of affairs in a given community at any given time, whereby machinery is provided for an
aggrieved party to enforce his right in case any of these rules or principles is broken
The following points are important to note;
Set of rules- law is a body of rules which originate from customs,, acts of parliament, court
decisions or some other acceptable sources.
Guidance of human conduct-human beings follows these rules for their own safeguard and
betterment
Application to community- rules apply to specific communities. This community may be a
sovereign state or a business community or a profession
Change of rules-the law changes over a period of time. It means that law is not static. Law
must change with time to meet the changing needs of the people and the business world and
especially now because of technological advancement and globalization.
ELEMENTS OF LAW STUDY NOTES PREPARED BY MR. ANTONY AMBIA Page 1
, Enforcement- law must be enforced to avoid anarchy by the enforcing agencies such as the
police and the courts to live and work orderly and peaceably.
PURPOSE OF LAW
The main purposes of law are
To regulate the conduct of human behavior
To provide justice to the members of the society
To maintain the political and economic stability
To protect the fundamental rights and freedoms of the individuals
To establish the procedures and the regulations regarding dealings among individuals
Law and morality
Rules of law are enforced by an action in courts while morality unless enshrined in law
cannot be enforced by court. For example we all know it’s moral to respect others especially
the elderly. When a person fails to honour and respect the elderly or parents the disrespect
cannot be forced by law. Theft is against moral law and is also against the law. When people
steal they commit a crime and are charged in a court of law to protect the innocent party.
CLASSIFICATION OF LAW
Law may be classified into
Public law and private law- public law governs the relationship between the government
and its citizens while private law governs how citizens relate amongst themselves. Public law
is made up of the constitutional law, administrative law and criminal law. Private law
consists of those duties and rights of persons towards another. Private law is also called civil
law.
Criminal and civil law-criminal law is used by the state to protect the citizens when a public
wrong is committed. The state prosecutes on behalf of the citizen and the victim of the
public wrong does not have any direct interest in the case. This law is contained in what is
called the penal code. Civil law is as defined above.
Civil wrongs criminal wrongs
1. Is a violation of the private rights of 1. Is a public wrong which result in the
the individuals which include tort, prosecution and punishment of the
breach of contract, breach of trust wrong doer. The punishment is
2. It is a private wrong against an usually imprisonment, fine or both
individual 2. It is a public wrong against the state
3. The parties to a dispute between two 3. The parties are the accused ( the
citizen is the plaintiff (the one who wrong doer) and the state
sues)And the defendant (the one who 4. The parties cannot settle the matter
has been sued) out of court but on rare occasions the
ELEMENTS OF LAW STUDY NOTES PREPARED BY MR. ANTONY AMBIA Page 2
