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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA

Mission statement:
Inspired by Jesus words; Consecrate them in the truth (Jn: 17:17) CUEA seeks to promote scientific research, quality teaching
and community service for the purpose of enhancing Christian living.

FACULTY OF LAW
Department: PRIVATE LAW

Campus: LANGATA
COURSE OUTLINE

Unit Code: CLS 112

Unit Title: LEGAL SYSTEMS & METHODS

Credit Hours:
Academic Year: 2014/2015

Trimester: May - July

Class Hours & Room No.: Wednesday 8-11a.m.; TH02 Lecturer: Dennis M. Ndambo
11a.m.-2p.m.; TH02
Thursday 8-11a.m.; OH02
Hours of Consultation: Thursday 11a.m.-2p.m.

CUEA E-mail: dndambo@cuea.edu

Purpose of the Course:

The first part of this course seeks to educate the student on different legal systems as well as their
applicability to different countries. The course also seeks to familiarize students with the way in which
this countrys legal system has evolved from colonial times to date and the basic principles which guide
the implementation of legal concepts in Kenya. In doing this, the student is enlightened on the ways in
which cases are decided regarding different subject areas of law. This course seeks to examine the
process of judicial law making, statutes and statutory interpretation, construction rules, the function and
style of judgments and presumptions at Common Law.
Course Description:
The course covers the introduction to legal systems; the principal legal systems of the world and their
peculiarities; classification and concepts of law; introduction to Kenyas legal system; doctrine of
precedent, statutory interpretation, legal education in Kenya; access to legal services.
Learning Outcomes:
At the end of this course the student will be able to understand:
a) The historical development of the legal systems of Kenya and its salient features;
b) The similarities and differences regarding the legal systems of various countries, depending on
the surrounding circumstances of each case;
c) Various cases which have been interpreted in Kenya under its old and new constitutions,
regarding the peculiar features of the legal system of this country;
d) The sources and classification of law;
e) Legal reasoning in judicial and legislative processes;
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA) P.O. BOX 62157 00200 Nairobi KENYA
Tel: +254-20-8891601-6, 8890023-4, Fax: 8891084, Email: deanlaw@cuea.edu, Website: www.cuea.edu
Founded in 1984 by AMECEA (Association of the Member Episcopal Conference in Eastern Africa)

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f) The structure of the legal institutions and the hierarchy of courts in Kenya;
g) The Common Law case technique, statutory interpretation skills, drafting of judgments;
h) Be able to distinguish between the major kinds of law, legal systems and institutions.
Requirements
No prerequisite courses required.

Class
Schedule
Week 1

Week 2

Week 3

Contents/ Topics
Part 1: Legal Systems
Overview of world legal systems
- International, regional and municipal socio-economic
systems as frameworks for legal systems
- Beliefs, customs, practices and religion as sources of
law
- Customary law; Common Law; Civil Law; religious
law;
History of the Kenyan legal system
- Origins of the Kenyan state and law
- From protectorate to republic
The Kenyan legal system
- Institutional framework: legislature, executive,
judiciary
- Sources of law: custom, religion, statute, case law,
foreign law, international law
- Classification of law: civil-criminal; substantiveprocedural; municipal-international
Part 2: Legal Methods
Kenyan Court structure:
- Superior courts
- Subordinate courts
- Tribunals
- Court-martial

Reading texts

Ghai and McAuslan, Public

Law and Political Change in
Kenya, pp. 3-381
W.B. Harvey, Introduction
to the Legal System in East
Africa, pp. 415-416; 525-536

The Common Law case technique

- The ratio decidendi: the narrow ratio; the broad ratio
- Doctrine of stare decisis
- Distinguishing of cases
- Obiter dictum
Week 4

The Legislative Process

National legislature
Parliament National Assembly and Senate
Bills: Special, Ordinary and Money; presidential
assent and referral; coming into force

County legislatures
Resolution of conflict of laws between National

THE CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA) P.O. BOX 62157 00200 Nairobi KENYA
Tel: +254-20-8891601-6, 8890023-4, Fax: 8891084, Email: deanlaw@cuea.edu, Website: www.cuea.edu
Founded in 1984 by AMECEA (Association of the Member Episcopal Conference in Eastern Africa)

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and County laws
Week 5

Statutes and statutory interpretation

- Approaches to statutory Interpretation
- Problems in statutory interpretation
Primary rules of interpretation
The literal rule

Inland Revenue
Commissioners v Hinchy
(1960) 1 All ER 505
Fisher v Bell (1961) 1 QB
394, (1960) 3 WLR 919
R v El-Mann (1969) E.A.
357

The golden rule

River Wear Commissioners

v Adamson (1877) 2 App Cas
743
Grey v Pearson (1857) 6HL
Cas 81
Re Sigsworth (1935) Ch 89
R v National Commissioner
exparte Connor (1981) 1 All
ER 769

The mischief/ purposive rule

Heydons case (1584) 3 Co

Rep 7a
New Great Insurance Co.
Ltd v Cross (1966) EA 90

External aids / extrinsic aids

i. Preparatory works/ travaux preparatoirs
ii. Statutes in pari materia

Dharamshi Vallabhji v
National and Grindlays Bank
(1964) EA 442
Jafferali Alibhai v
Commissioner of Income Tax
(1961) EA 610

Rules of language
-

Ejusdem generis rule

Sandiman v Breach 7 B&C

99
Powell v Kempton Park
Racecourse Co. (1899) A.C
143
Brownsea Haven
Properties v Poole
Corporation (1958) Ch 574
AG v Abdulla and Others
(1960) E.A. 672
Corkery v Carpenter
(1951) 1KB 102

THE CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA) P.O. BOX 62157 00200 Nairobi KENYA
Tel: +254-20-8891601-6, 8890023-4, Fax: 8891084, Email: deanlaw@cuea.edu, Website: www.cuea.edu
Founded in 1984 by AMECEA (Association of the Member Episcopal Conference in Eastern Africa)

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Mbugwa v Mbugwa (1949)
E.A.C.A
Devashi v Transport
Licensing Board (1971) E.A.
28

Week 6

Expressio unis est exclusio alterius rule

R v Inhabitants of Sedgley
(1831) 2 B &Ad 65
Dean v Wiesengrund
(1955) 2 Q. B 120
Jones v DPP (1962) A.C.
635

Noscitur a sociis rule

R v Harris (1836) 7 C&P

446
I.R.C. v Frere (1969) 3 WLR
1193
Black-Clawson
International Ltd v.
Papeirwerke Waldhof
Asschaffenburg A.G. (1975)
A.C. 591
R. v. Medical Appeal
Tribunal ex. p. Gilmore
(1957) 1 Q.B. 574
Re Metropolitan Film
Studios Application (1962) 1
W.L.R. 1315
Westminster Bank Ltd v.
Beverly Borough Council
(1971) A.C. 509
Tuck & Sons v. Priestly
(1887) 19 Q.B.D. 629
Whitley v. Chapel (1868)
L.R. 4 Q.B. 147
R. v. Harris (1836) 7 C&P
446
Yew Bon Tew v. Kenderaan
Bas Maria (1983) 1 A.C. 553
Waddington v. Mian (1974)
W.L.R. 683

Internal aids / intrinsic assistance

- Long title; short title; preamble; marginal notes;
punctuation; division into sections and subsections
Presumptions applied in interpretation
- Presumption against change in common law
- Presumption against ousting jurisdiction of the court
- Presumption against retrospective application
- Ousting of the jurisdiction of the court by express
words only
- Consistency in use of terms
- That statutes do not affect the Crown
- That Parliament does not intend to violate
international law
- Taxing and criminal statutes to be strictly construed
- Presumption against interference with vested
(proprietary or contractual) rights
- That statutes are of territorial application

Textbooks/References
i) Adams, J. and Brownsword, R., (1999), Understanding Law, Sweet & Maxwell.
ii) Bradney, A., et al. (1995), How to Study Law, (3rd Ed.), London, Sweet and Maxwell.
iii) Halsburys Laws of England, Vol. 36
iv) Mansell, W., et al. (1999), A Critical Introduction to Law, (2nd Ed.), Cavendish Publishing Ltd.
v) Oliphant, A., A Return to Stare Decisis, 14 American Bar Association Journal 71 (1928).
vi) Slapper, G. and Kelly, D., (2003), The English Legal System, (6th Ed.) Cavendish Publishing Ltd.
vii) Stychin, C. and Mulcahy, L., (2003), Legal Method: Text and Materials, Sweet & Maxwell.
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA) P.O. BOX 62157 00200 Nairobi KENYA
Tel: +254-20-8891601-6, 8890023-4, Fax: 8891084, Email: deanlaw@cuea.edu, Website: www.cuea.edu
Founded in 1984 by AMECEA (Association of the Member Episcopal Conference in Eastern Africa)

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viii) Williams, G., (1982), Learning the Law, (11th Ed.), London: Stevens and Sons.
ix) Elliott, C. & Quinn, F., English Legal System (Pearson Education Ltd, 12th Ed., 2011).
x) Holland, J. & Webb, J., Learning Legal Rules (Oxford University Press, 7th Ed., 2010).
xi) Fox, M. & Bell, C., Learning Legal Rules (Oxford University Press, 6th Ed., 2006).
xii) Winters, B., Excellence of the Common Law Compared and Contrasted with Civil Law: In Light of
History, Nature, and Scripture (Mountain Press, 2006).
xiii) Merryman, J.H., The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin
America (Stanford University Press, 3rd Ed., 2007).
Legislation
Constitution of Kenya, 2010
Interpretation and General Provisions Act, Cap. 2, Laws of Kenya
*Any other reading material that is required will be made known ahead of the relevant class in which
such material will be used.
Teaching methodologies/approaches
- In class lectures and discussions
- Interactive learning activities
- Assignments
Other Materials and Equipment
In-house School Academic Policies and Guidelines
Study Tips for 1st Year Law Students,
Debaters and Speakers Handbook,
Guidelines on referencing and attribution of academic works.
Internet
Lexis Nexis
E-Journals
Law Africa
Kenya Law Reports
Handouts
Select pieces from teaching staff
Audio Visual Equipment
LCD screen, projectors and laptop for Power Point presentations
Whiteboard and markers
Microphones and speakers
Course Assessment
Students registered for the unit are required to complete the C.A.T. (which will comprise 30% of the
final grade) and the final end of trimester examination (which will comprise 70% of the final grade). If a
student failed to do the C.A.T. or the final exam, the result is reported as I (incomplete). The dates
(subject to amendment) are as follows:
- C.A.T: 3rd and 4th June 2015
- Exam: 3rd August 2015
Policy Issues
xiv) All students should attend all classes and actively participate in class.
xv) If a student fails to attend more than six (6) hours in a trimester, he/she will not be allowed to sit
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA) P.O. BOX 62157 00200 Nairobi KENYA
Tel: +254-20-8891601-6, 8890023-4, Fax: 8891084, Email: deanlaw@cuea.edu, Website: www.cuea.edu
Founded in 1984 by AMECEA (Association of the Member Episcopal Conference in Eastern Africa)

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for the final examination. This also applies to tardiness.
xvi) Students with special needs are required to see the unit instructor and discuss their needs.
xvii) Students repeating or auditing the unit must inform the instructor.
xviii) All mobiles phones must be switched off during class hours.
xix) If a student is late for 10 minutes, he/she is not allowed to enter the class.
xx) If a lecturer is late for more than 10 minutes without prior notice, the class representative should
report the matter to the HOD.
Health and Safety Issues
Students are responsible for their personal belongings while in campus. If students notice a situation
endangering their safety or the safety of others are advised to inform the lecturer or any officer in the
campus.

THE CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA) P.O. BOX 62157 00200 Nairobi KENYA
Tel: +254-20-8891601-6, 8890023-4, Fax: 8891084, Email: deanlaw@cuea.edu, Website: www.cuea.edu
Founded in 1984 by AMECEA (Association of the Member Episcopal Conference in Eastern Africa)