MOUNT KENYA UNIVERSITY

PARKLANDS LAW CAMPUS

SCHOOL OF LAW,
DEPARTMENT OF PUBLIC LAW

BLW 1104
LEGAL SYSTEMS &METHODS
COURSE OUTLINE AND SCHEDULE
SEP/DEC 2023 SEMESTER

LECTURER: MS. ROSEMARY KAMATHI

Class Schedule:
 Day: Monday (8am – 11am) (Class A)
Monday (11.00am-- 2pm) (Class B)
 Evening: Monday (5.30pm – 8.30 pm) (Evening Class)
 Day: Wednesday (8am – 11am) ( Class C)

Contacts:
 Email: rkamathi@[Link]
 Mobile: 0723112564
Office Details:

MKU Parklands Law Campus

5th Floor (HoD, Public Law)
Consulting Hrs. (On Appointments)
.: Mondays 2pm to 5pm
: Tuesdays 8am to 1pm
: Wednesdays 2pm to 5pm
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COURSE PURPOSE

This is a foundational course which provides you with essential building blocks for the study
of law. Performing a complementary role to related courses such as Social Foundations of
Law the Course main Objective is to enable the learner to develop a perspective of the legal
order as a system, process, major legal systems of the world and their essential features and
the methods of statutory interpretations, Legal Drafting and the different methods of
Alternative Dispute Resolutions.

1. COURSE OUTCOMES

The course is geared to enabling the learner to:

 Discuss the nature and essential social functions of law;

 Identify and explain major legal systems of the world;
 Understand the structure of the central institutions and processes of the Kenyan legal
system; and
 Explain the concepts of legal education and legal aid in Kenya.
 Apply rules on legal Methods of both primary and secondary sources of Law and the
various methods of Statutory interpretation of the law;
 Outline the various sources of law in Kenya;
 Apply legislative law making, Essentials of Legal Drafting, judicial law making and
legal reasoning skills.

1. LEARNING METHODOLOGIES

The course shall be conducted through interactive lectures, class discussions, case studies and
research assignments.

1. COURSE CONTENTS

An overview of major legal systems in the world ( Common law , civil , social law,
religious law) including a brief overview on a comparison between the common law
systems and the civil legal systems; the ideology of the common law system and the
rule of law, justice and the separation of powers; presumptions of common law;
development of the East African legal systems; classification of law, source of Kenya
law; law making process; the Kenyan court system; doctrinal sources of Kenyan law;
law making process; the Kenyan court system ; doctrine of stare decisis; access to
justice and the legal aid; legal profession and legal service; jury system; law reform;
Government lawyers and organization of Government legal services; the language of
the law; interface between the Civil legal system and the common law system;

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 sources of law and its classification, division of law, the courts’ structure and the
jurisdiction, legislative law making, Legal Drafting judicial law making, logic and legal
reasoning, the common law case technique, statutes and the statutory
interpretation, construction rules e.g. the ejusdem generis rule, the function and
style of judgements,

2. COURSE ASSESSMENT

Grading will be in accordance with the Mount Kenya University Grading Policy. A learner
will be assessed through:

A. Continuous Assessments (30%):

 I: Sit In Assessment:
 II: Class Group Presentation
 Class Participation
Sub-total 30 Marks
B. Final Examination (70%): 70 Marks
Total: 100 Marks

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 1. COURSE REQUIREMENTS

 Registration

It is mandatory for each learner to register online for this course using the course code: BLW
1104.

 Regular attendance and class participation

This is a highly participatory course where learners are encouraged to share their own
perspectives and experiences, and to work individually and collectively in small workgroups.
Therefore, attendance to every class session is mandatory. However, learners who have
medical, family or other emergencies over the course of the semester are strongly advised to
inform the lecturer and class representative.

Learners are also encouraged to read ahead of the class for meaningful and vibrant
participation.

 Academic honesty

Learners enrolled in this course are expected to exercise a high degree of honesty and
integrity in class attendance, participation and assignments.

COURSE OUTLINE

WEEK TOPICS/ DESCRIPTION

WEEK 1 Nature and social functions of law

 The meaning of law
 Nature/ features of law
 Functions of law in society
 Students Handbook as a Regulation

Recommended readings:
Peter Mugambi, Introduction to Law (Law Africa) Chapter 1
Martin Partington, Introduction to the English Legal System (Oxford
University Press 2015) Chapter 2
William Burnett Harvey, An Introduction to the Legal System in East
Africa (Kenya Literature Bureau 1975) Chapter 3

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WEEK 2, &3 The Sources of Law
 Meaning of ‘sources’
 Written sources of law
 The Constitution
 Acts of Parliament/Statutes
 Statutes of general application
 Delegated/subsidiary legislation
 International law

 Unwritten sources of law

 The Common law
 Doctrines of equity
 Customary law
 Religious law - Islamic law, Hindu customs

 Broad classification of law

 Public law v Private law
 Civil law v Criminal law
 Substantive law v Procedural law
 Municipal/ National law v international law
 Statutory law v non-statutory law

Recommended readings:
The Constitution of Kenya, 2010
The Judicature Act, Chapter 8 of The Laws of Kenya
Peter Mugambi, Introduction to Law (Law Africa) Chapter 1 & 2
William Burnett Harvey, An Introduction to the Legal System in East
Africa (Kenya Literature Bureau 1975) Chapter 4
Glanville Williams, Learning the Law (Sweet & Maxwell 2010)
Chapter 1
Virginia Edith Wambui v Joash Ochieng Ougo & Others (HCCC
4873 of 1986)
Ruth Wanjiru Njoroge v Jemimah Njeri Njoroge & Another (HCCC
330 of 2004)
Kandie & 2 others v Beatrice Jepkemoi Cherogony (Civil Appeal No.
76 of 2002)

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 WEEK 4 Legal systems of the World

• Essential features of a legal system explained

• Types of the major legal systems in the world
 Common law legal system
 Civil law legal system
 Religious law legal system (Islamic law, Canon law)
 Customary law legal system
 Pluralistic/ Mixed law legal system

Recommended readings:
Peter Bowal and Andy Kirsch, ‘The World’s Legal Systems’
(November - December 2010) Law Now
Carl Stynchin and Linda Mulcahy, Legal Methods and Systems
(4th Edition, Sweet & Maxwell 2010) Chapter 13
WEEK 5 & 6 The common law case technique
The judiciary and law in operation 4: Judicial precedent
a) The concept of precedent
The common law case technique
The judiciary and law in operation 4: Judicial
precedent
b) The concept of precedent
• ‘stare decisis’ or ‘star dictis’?
• Advantages
Ratio decidendi
Obiter dicta

General principles of interpretation

Approaches to Statutory Interpretation
1) What is Statutory Interpretation n?
2) Why is statutory interpretation necessary?
3) The Issue of ambiguity
4) Duties of the Court
Recommended readings:

Carl Stynching and Linda Mulcahy, Legal Methods

and Systems (4th Edition, Sweet & Maxwell 2010)
Chapter 13
Cownie Bradney and Burton, English Legal System in
Context (Oxford 2010)

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 WEEK 7 Continuous Assessment I: Sit In Assessment

Continuous Assessment II: Group Work Assignment and Class

WEEK 8 Presentations

Cannons of Constructions:

Types of Cannons of statutory interpretation

1)Textual Cannons
11)Substantive cannons
a) Literal rule
b) Golden rule
c) Mischief rule
d) Interpretation according to the ‘intentions of the legislature’

judicial interpretation
1. Presumptions
 Ejusdem Generis Rule
Expressio Unius est exclusion alterius

Recommended readings:

Tudor Jackson, The Law of Kenya ( 3rd Edition, Kenya Literature

Bureau 1998) Chapter 5 (pages 72-74)

WEEK 9 Introduction to Legal Drafting

 What is Legal Drafting
 General Rules of Legal Drafting
 The Objectives of Legal Document s

Recommended readings:
Cavendish Legal Drafting Skills Series 2nd
Edition, Elmer Doorman & Charles
Drafting Of Commercial Contracts And
Agreements Handout

WEEK 10 & 11
The Court Structure in the Kenyan Legal System
 Establishment, composition & jurisdiction
 The Supreme Court
 The Appellate Courts

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  The High Court
 Magistrate Courts
 Tribunals

 Alternative dispute resolution mechanisms

Recommended readings:
The Constitution of Kenya, 2010
The Appellate Jurisdiction Act, Chapter 9 of the Laws of Kenya
The Magistrate’s Courts Act, No. 26 of 2015
The Supreme Court Act, No. 7 of 2011
The Kadhis Court Act, Chapter 11 of the Laws of Kenya
The Employment and Labour Relations Court Act, Chapter 234 B of
the Laws of Kenya
The Environment and Land Court Act No. 19 of 2011
Peter Mugambi, Introduction to Law (Law Africa) Chapter 3
Dr Kariuki Mbugua, ‘Heralding a New Dawn: Achieving Justice
through Effective Application of ADR in Kenya’ (2003) Vol 1 Issue 1
ADR pages 40 – 75

WEEK 12 The Nature of the Kenyan Legal System: An Introduction

 Doing justice in the Kenyan legal system
 Law making institutions in Kenya
 National & County Legislature
 The Courts System
 The role of a lawyer in the Kenyan legal system

Recommended readings:
The Constitution of Kenya, 2010
County Governments Act, 2012
Tudor Jackson, The Law of Kenya ( 3rd Edition, Kenya Literature
Bureau 1998) Chapter 3

WEEK 13 Professional Legal Education

 Objectives
 The institutions and process
 Regulation

Recommended readings:
Advocates Act, Chapter 16 of the Laws of Kenya (Revised Edition
2016)

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 The Legal Education Act No. 27 of 2012.
Law Society of Kenya Act, 2014
The Kenya School of Law Act, 2012
Tudor Jackson, The Law of Kenya ( 3rd Edition, Kenya Literature
Bureau, 1998) Chapter 13
William Burnett Harvey, An Introduction to the Legal System in East
Africa (Kenya Literature Bureau 1975) Chapter 1
Patricia Kameri-Mbote, ‘Legal Education and Lawyers’ in Yash Pal
Ghai and Jill Cottrell Ghai (eds), ‘The Legal Profession and the New
Constitutional Order in Kenya’ (Strathmore University 2014).
Dr. Jacob Kariuki Gakeri, ‘Enhancing Legal Education in East Africa:
Contextualizing the Role of the Legislature, Council of Legal
Education and the Judiciary in Kenya’ (2016) 6 International Journal
of Humanities and Social Sciences.
Eunice Cecilia Maema v Council of Legal Education and 2 Others
(Civil Appeal 121 of 2013)
Adrian Kamotho Njenga v Kenya School of Law (Constitutional
Petition 398 of 2017)
Kevin Mwiti & Others v Kenya School of Law and others
(Constitutional Petition 377 of 2015)

WEEK 14 Public Legal Awareness and Legal Aid

 Concept of legal awareness
 Legal Aid and Representation
 Existing Initiatives
 State Initiatives
 Civil Society Initiatives

Recommended readings:
The Constitution of Kenya, 2010
The Legal Aid Act, No. 6 of 2016
Martin Partington, Introduction to the English Legal System (Oxford
University Press 2015) Chapter 9 & 10

Wrap up the Course and Revision

WEEK 15

WEEK 16 & 17 Exams

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CORE TEXT MATERIAL:
Carl Stynchin and Linda Mulcahy, Legal Methods and Systems (4th Edition, Sweet &
Maxwell 2010)
Glanville Williams, Learning the Law (Sweet & Maxwell 2010)
Martin Partington, Introduction to the English Legal System (Oxford University Press 2015)
Peter Mugambi, Introduction to Law (Law Africa Publishing Limited 2011)
Tudor Jackson, The Law of Kenya (3rd Edition, Kenya Literature Bureau, 1998)
William Burnett Harvey, An Introduction to the Legal System in East Africa (Kenya
Literature Bureau 1975)

STATUTES
The Advocates Act, Chapter 16 of the Laws of Kenya (Revised Edition 2016)
The Legal Education Act No. 27 of 2012
The Law Society of Kenya Act, 2014
The Kenya School of Law Act, 2012
The Constitution of Kenya, 2010
The Legal Aid Act, No. 6 of 2016
The Appellate Jurisdiction Act, Chapter 9 of the Laws of Kenya
The Magistrate’s Courts Act, No. 26 of 2015
The Supreme Court Act, No 7 of 2011
The Judicature Act, Chapter 8 of the Laws of Kenya
The County Governments Act, 2012
The Kadhis Court Act, Chapter 11 of the Laws of Kenya
The Employment and Labour Relations Court Act, Chapter 234 B of the Laws of Kenya
The Environment and Land Court Act No. 19 of 2011

SIGNED

Unit Lecturer: Rosemary Kamathi

APPROVED BY:

HEAD OF DEPARTMENT: ……………………………………… DATE:

……………………………………………..

DEAN, SCHOOL OF LAW:……………………………………… DATE:

……………………………………………..

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