Legal Systems and Methods

Assignment

Once Parliament has passed an Act, it then falls to the courts to apply the statute in a particular case. This can lead to difficulties where the facts of the case may not have been envisaged by Parliament or where there exist drafting errors or ambiguity in the statute.

Using Judicial authorities, critically discuss FOUR rules which courts have developed to assist judges in interpreting statutes.

Situational Analysis from Field Studies conducted by the Task Force on the Traditional, Informal and Other Mechanisms for Dispute Resolution in Kenya [AJS Taskforce) (Chief Justice Directive in The Kenya Gazette (Special Issue) Gazette Notice. Vol. CXVIII-No.21, 4TH March 2016, P. 838) indicate that Kenyan communities have made efforts to protect, preserve, and promote their cultures, while affirming that these have, indeed, been deployed in Kenya for long. This has included dispute resolution systems.

Questions

a. Discuss the justifications for adoption of Alternative Justice Systems as a dispute resolution mechanism. (10 Marks)

B. Discuss the challenges and responses to Alternative Justice Systems. (10 Marks)