BUSINESS LAW

3655 WD

In pre colonial era, different communities had different ways of restoring justice. The African Traditional Communities used the fora of justice at family, shrines, churches and mosques. Other dispute resolutions mechanisms included: a.Reconsiliation: is the process of making it possible for two different ideas, facts to exist together without being opposed to each other. b.Mediation: this is the process of trying to end a disagreement between two or more people by talking to them and try to find things that everyone can agree on.

c.Arbitration: this is the official process of settling an agreement or a disagreement by somebody who is not involved.

The court was constituted as the last resort because the people since ancient times were aware of the fact that court proceedings were naturally adversarial .The judiciary of Kenya has since independence been transformed to a unified judicial system from dual.The unified judicial system applies both in English Law and African Customary Law.Hetherto,there existed two systems: for the Africans : for the European settlers

In 19667 major laws were enacted .They include: a. The Judicature Act [chapter8] b.The Magistrates Court [chapter10] c.Kadhis Court Act [chapter 11]

These Acts have streamlined the administrator of Justice in Kenya.These three statutes repelled all the other legislations other than the provision in the Lancaster Conference constitution,by directing the law that was to be applied by the courts.Kenyan law system today is therefore significantly based on the Constitution of Kenya 2010 and other Acts of Parliament.

Kenyan Judiciary discharges its mandates through the following branches; a.Court system (structure) b.Judicial Service Commission c.National Council for Law Reporting

Kenya’s Judiciary discharges its mandate through the following branches: the C