Contribution of the courts of law to justice and social order in Kenya

  • Prevention of anarchy: Courts of law assist in the prevention of anarchy in that they act as guardians of the law by ensuring that people do not take the law into their hands. They ensure that giants, dwarfs, young, old, women, men, healthy, sickly, clever ignorant, the good and evil, the cruel and the kind are treated equally.
  • Social agents of peace: courts assist in dispute resolution with binding decisions.
    They defuse tension in society and enhance togetherness.
  • Restoration and Maintenance of social equilibrium: Courts restore the equilibrium in social order if disrupted by conflict, friction or dispute by resolving disputes. They provide remedies to aggrieved parties legal remedies reaffirm social norms.
  • Protection of expectations: persons can foresee the consequences of their individual and collective conduct which builds confidence in society e.g. in the law of contract courts uphold patterns of behaviour and expectations in society thereby enabling person predict what others will do and thus organize their conduct.
  • Adjusters of law: law is a system of rules for social ordering. Courts apply the law to resolve specific disputes since society is dynamic courts adjust the law to ensure that it keeps pace with such changes. They do so through redefinition of legal terms and expressions interpretation of written law on the basis of social conditions, linguistic context, practices and attitudes.
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