Day: October 9, 2020

Statute law is law made by parliament directly. It creates new law where none existed or amends existing law. It creates rules to regulate future conduct. It is formal and supreme over unwritten law. Judicial precedent or stare decisis or Read More …

Burden of proof in civil cases is borne by the plaintiff i.e. it is the onus of the plaintiff to prove his allegations. The standard of proof is on a balance or preponderance of probabilities. The burden of proof in Read More …

Codification: This is the process of bringing together all the unwritten law in a specific area to constitute a comprehensive code. It relates to unwritten law e.g. Sale of Goods Act. Consolidation This is the process of bringing together into Read More …

Constitutional and administrative law Constitutional law: This is a branch of law which creates the principal organs of government. It sets out the powers and functions of these organs. It generally lays down the fundamental principles of a limited government. Read More …

In the execution of an order of a court established in Kenya or elsewhere In execution of an order of the High Court or Court of Appeal punishing him for contempt of court In the execution of an order of Read More …

For the defence of property For the defence of any person from violence In order to effect a lawful arrest To prevent the escape of a person lawfully detained For the purpose of suppressing a riot, insurrection or mutiny In Read More …

The president may: Grant pardon either free or subject to lawful conditions a person convicted of an offence. Grant to a person a respite either indefinite or for a specified period of the execution of a punishment imposed on that Read More …

To put the tenant in possession Not to derogate form grant Ensure that the premises are fit for the purposes for which it is let. Ensure quiet possession by the client Maintain the main walls, passages, roof etc (duty of Read More …

Characteristics of easements Dominant and servient tenement: for an easement to subsist there must be adjacent parcels of land where one serves the other Owned or occupied by different persons: the dominant and servient tenements must be owned and occupied Read More …

An easement has been defined as a right attached to a parcel of land which allows the proprietor of the land to use the land of another in a particular manner or to restrict its use in particular extent. The Read More …