eldoret technical training institute
LEGAL ASPECT IN SOCIAL DEVLOPMENT WORK
INTRODUCTION TO LAW
MEANING OF LAW
SOURCES OF KENYA LAW
ORGANIZATION OF THE JUDICIARY
THE LAW OF TORT
MEANING AND SCOPE
TORT AND CRIME
TORT AND CONTRACT
TORTS AND VICARIOUS LIABILITY
TORTS RELATED TO SOCIAL WORK
GENERAL DEFENSES UNDER THE LAW OF TORT
CRIMINAL LAW
MEANING AND SCOPE
OFFENCES AND PUNISHMENT
DUTIES RELATING TO THE PROVISION OF SOCIAL WELFARE SERVICES OFFENCES
AND PUNISHMENT
GENERAL DEFENSES IN CRIMINAL LAWS
LAW OF CONTRACT
MEANING AND SCOPE
TYPES OF CONTRACT
ESSENTIALS OF VALID CONTRACT
BREACH OF CONTRACTS
REMEDIES
TERMINATION
CONSUMER PROTECTION
LAW OF RELATING TO ORGANIZATIONS
MEANING OF AN ACT OF OPARLIAMENT
REGISTRATION PROCEDURES OF ORGANIZATIONS
MANAGEMENT OF ORGANIZATIONS
DISSOLUTION OF ORGANIZATIONS
AMALGAMATION OF AN ORGANIZATION
LAW OF PERSONS
eldoret technical training institute 1
, eldoret technical training institute
TYPES OF PERSONS
LEGAL SYSTEMS OF MARRIAGE IN KENYA
CHILDREN AND YOUNG PERSONS
MENTALLY DISODERED (INSANE) PERSONS PROTECTION
CITIZENSHIP AND NATIONALITY ACQUISITION
DOMICILE AND RESIDENCE
LAW OF SUCCESSION
MEANING OF A WILL
CONDITIONS OF REVOKING A WILL
CATEGORIES OF DEPENDANTS
TESTACY AND INTESTACY
PERSONAL REPRESENTATIVES
EMPLOYMENT LAW
EMPLOYMENT ACT
REGULATION OF WAGE AND CONDITIONS OF EMPLOYMENTACT
WORKMEN’S COMPENSATION ACT
FACTORIES ACT
EMERGING ISSUES
EMERGING TRENDS IN LAW IN KENYA
EMERGING TRENDS IN LAW IN KENYA
CHILDREN BILL
SEX OFFENCES ACT
eldoret technical training institute 2
, eldoret technical training institute
INTRODUCTION TO LAW
Meaning of law
It’s a set rules or principles imposed against the citizens of the country by the state.
It’s also a set of rules that govern the conduct of affairs in a given community at a given
time.
It’s also a body of principles required and applied by the state in the administration of
justice.
The purposes of laws
1. To promote social cohesion among the society;- each society or community has its laws which
regulate the mutual relations and contacts of its members. The laws are enforced to ensure that
members of the society may live or work together in an orderly and peaceful manner.
1. To regulate the behaviour/contact of persons.
2. To provide justice to the members of the society.
3. To maintain political and economical stability.
4. To protect fundamental rights and freedoms of the individuals.
5. To establish the procedures and regulations regarding the dealings among the individuals.
6. To maintain peace and the security in the country.
FEATURES OF LAW
i) Set of rules- it’s a set or body of rules. The rules may originate from act of
parliament, court cases or some other acceptable sources
ii) Guidance of human conduct-these rules are enforced for the guidance of human
conduct. Human beings follow these rules for their own safeguards.
iii) Application t community- these rules apply to a specific community, they maybe
state or business community. Laws re different from one community to another eg
what is alw in Kenya may not be law in Uganda.
iv) Change of rules- the law changes over a period of time. This means its not static eg
what was law in 1960’s may not be law in 1990’s
v) Change of rules;- law must be enforced to ensure peace and order in the country.
The enforcing agencies include police and the court of law.
eldoret technical training institute 3
, eldoret technical training institute
Law and Morality
Wrongs may be classified as:
a) Legal wrongs
b) Moral wrongs
Legal wrongs – are those wrongs that violate the state laws and are liable to court proceedings.
Moral wrongs – are wrongs that are against the moral values of the society which may not be
enforced by the courts unless they are also part of the laws of state.
CLASSIFICATION OF LAW
Law may be classified in different ways
a) Public law and private law
b)Civil law and criminal law
c) Procedural and substantive law
d)International law
Public law – it refers to the law that governs the relations between the state and its citizen.
Public law is that part of law which the state has an interest. It consists of constitutional,
administration and criminal law
Constitutional law consist of those rules which regulate the relationship between different
organs of the state (legislative, judiciary and executive)
Administrative law relates to the actual functioning of the executive instruments of the
government.
Private law – the law that governs the citizens among themselves.
It is primarily concerned with the rights and duties of person towards other person.
Private law is also called civil law
Criminal law – refers to the body of rules and principles that governs the state and individuals
against criminal acts.
Criminal law falls within the public law. This is because the duty of the state is to protect
its citizens and it is state which must: - seek redress for any public wrong (crime)
committed against any citizen.
The state prosecutes any criminal on behalf of the citizen as a whole, the victim of
criminal conduct himself has no direct interest in the case.
eldoret technical training institute 4
LEGAL ASPECT IN SOCIAL DEVLOPMENT WORK
INTRODUCTION TO LAW
MEANING OF LAW
SOURCES OF KENYA LAW
ORGANIZATION OF THE JUDICIARY
THE LAW OF TORT
MEANING AND SCOPE
TORT AND CRIME
TORT AND CONTRACT
TORTS AND VICARIOUS LIABILITY
TORTS RELATED TO SOCIAL WORK
GENERAL DEFENSES UNDER THE LAW OF TORT
CRIMINAL LAW
MEANING AND SCOPE
OFFENCES AND PUNISHMENT
DUTIES RELATING TO THE PROVISION OF SOCIAL WELFARE SERVICES OFFENCES
AND PUNISHMENT
GENERAL DEFENSES IN CRIMINAL LAWS
LAW OF CONTRACT
MEANING AND SCOPE
TYPES OF CONTRACT
ESSENTIALS OF VALID CONTRACT
BREACH OF CONTRACTS
REMEDIES
TERMINATION
CONSUMER PROTECTION
LAW OF RELATING TO ORGANIZATIONS
MEANING OF AN ACT OF OPARLIAMENT
REGISTRATION PROCEDURES OF ORGANIZATIONS
MANAGEMENT OF ORGANIZATIONS
DISSOLUTION OF ORGANIZATIONS
AMALGAMATION OF AN ORGANIZATION
LAW OF PERSONS
eldoret technical training institute 1
, eldoret technical training institute
TYPES OF PERSONS
LEGAL SYSTEMS OF MARRIAGE IN KENYA
CHILDREN AND YOUNG PERSONS
MENTALLY DISODERED (INSANE) PERSONS PROTECTION
CITIZENSHIP AND NATIONALITY ACQUISITION
DOMICILE AND RESIDENCE
LAW OF SUCCESSION
MEANING OF A WILL
CONDITIONS OF REVOKING A WILL
CATEGORIES OF DEPENDANTS
TESTACY AND INTESTACY
PERSONAL REPRESENTATIVES
EMPLOYMENT LAW
EMPLOYMENT ACT
REGULATION OF WAGE AND CONDITIONS OF EMPLOYMENTACT
WORKMEN’S COMPENSATION ACT
FACTORIES ACT
EMERGING ISSUES
EMERGING TRENDS IN LAW IN KENYA
EMERGING TRENDS IN LAW IN KENYA
CHILDREN BILL
SEX OFFENCES ACT
eldoret technical training institute 2
, eldoret technical training institute
INTRODUCTION TO LAW
Meaning of law
It’s a set rules or principles imposed against the citizens of the country by the state.
It’s also a set of rules that govern the conduct of affairs in a given community at a given
time.
It’s also a body of principles required and applied by the state in the administration of
justice.
The purposes of laws
1. To promote social cohesion among the society;- each society or community has its laws which
regulate the mutual relations and contacts of its members. The laws are enforced to ensure that
members of the society may live or work together in an orderly and peaceful manner.
1. To regulate the behaviour/contact of persons.
2. To provide justice to the members of the society.
3. To maintain political and economical stability.
4. To protect fundamental rights and freedoms of the individuals.
5. To establish the procedures and regulations regarding the dealings among the individuals.
6. To maintain peace and the security in the country.
FEATURES OF LAW
i) Set of rules- it’s a set or body of rules. The rules may originate from act of
parliament, court cases or some other acceptable sources
ii) Guidance of human conduct-these rules are enforced for the guidance of human
conduct. Human beings follow these rules for their own safeguards.
iii) Application t community- these rules apply to a specific community, they maybe
state or business community. Laws re different from one community to another eg
what is alw in Kenya may not be law in Uganda.
iv) Change of rules- the law changes over a period of time. This means its not static eg
what was law in 1960’s may not be law in 1990’s
v) Change of rules;- law must be enforced to ensure peace and order in the country.
The enforcing agencies include police and the court of law.
eldoret technical training institute 3
, eldoret technical training institute
Law and Morality
Wrongs may be classified as:
a) Legal wrongs
b) Moral wrongs
Legal wrongs – are those wrongs that violate the state laws and are liable to court proceedings.
Moral wrongs – are wrongs that are against the moral values of the society which may not be
enforced by the courts unless they are also part of the laws of state.
CLASSIFICATION OF LAW
Law may be classified in different ways
a) Public law and private law
b)Civil law and criminal law
c) Procedural and substantive law
d)International law
Public law – it refers to the law that governs the relations between the state and its citizen.
Public law is that part of law which the state has an interest. It consists of constitutional,
administration and criminal law
Constitutional law consist of those rules which regulate the relationship between different
organs of the state (legislative, judiciary and executive)
Administrative law relates to the actual functioning of the executive instruments of the
government.
Private law – the law that governs the citizens among themselves.
It is primarily concerned with the rights and duties of person towards other person.
Private law is also called civil law
Criminal law – refers to the body of rules and principles that governs the state and individuals
against criminal acts.
Criminal law falls within the public law. This is because the duty of the state is to protect
its citizens and it is state which must: - seek redress for any public wrong (crime)
committed against any citizen.
The state prosecutes any criminal on behalf of the citizen as a whole, the victim of
criminal conduct himself has no direct interest in the case.
eldoret technical training institute 4
