STATUTES OF GENERAL APPLICATION
Kenyan Law does not define the phrase “Statutes of General Application”. However, the phrase is used to describe certain Statutes enacted by the UK parliament to regulate the inhabitants of UK generally.
These Statutes are recognized as a source of Law of Kenya by Section 3 (1) (c) of the Judicature Act. However, there application is restricted in that they can only be relied upon:
1. In the absence of an Act of parliament of Kenya.
2. If consistent with the provisions of the Constitution.
3. If the Statute was applicable in England on or before the 12/8/1897
4. If the circumstances of Kenya and its inhabitants permit.
Examples include:
1. Infants Relief Act, 1874
2. Married Women Property Act 1882
3. Factors Act, 1889
Statutes of general application that have been repealed in the UK are still applicable in Kenya unless repealed by the Kenyan parliament.
