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The Kenyan Legal System

Kenya has a legal system modeled on the English Common Law system. This is a consequence of the British colonial control that commenced with the Berlin Conference of 1885. Initially the administration of Eastern Africa had been carried out by the Imperial British East Africa (IBEA) but from 15th June 1895, the British Government bought out IBEA taking over direct administration of East Africa and declared Kenya a British Protectorate.

 

On 12th August 1897 the British Government promulgated the East AfricanOrder-in-Council with a reception clause that applied to Kenya the substance of the English Common Law, the Doctrines of Equity and Statutes of General Application in force in England as at that date, and later the Kenya Judicature Act, 1967.