THE PLACE OF NATURAL LAW IN KENYAS JURISPRUDENCE

The place of natural law in Kenya’s Jurisprudence Natural law propounds that true law is right reason in agreement with nature. It denies that the conditions of legal validity of laws are purely a matter of social fact. Natural law is based on the principle that although man exists in nature, he has his own nature. The nature of man is to procreate, protect his family and preserve his life. Natural law is the law which helps man to achieve these objectives. In general, the natural law theory seeks universality and commonality in human laws, institutions and values. The major proponents are Cicero, St. Thomas Aquinas, Lon Fuller, Immanuel Kant, John Finnis, David Hume and Edmund Burke. In Kenya, the natural law theory is anchored in the†¦show more content†¦It states that the purpose of recognizing and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realization of the potential of all human beings. Article 20 on the application of chapter 4 states that it shall apply to all law and binds all state organs and all persons. The constitution also states that in applying a provision of the Bill of Rights, a court shall adopt the interpretation that most favors the enforcement of a right or fundamental freedom. The court shall also promote the values that underlie an open and democratic society based on human dignity, equality, equity and freedom. The Bill of rights is such a fundamental aspect of Kenya’s jurisprudence . HLA Hart sees the purpose of the law as being one of preventing society from being a suicide club. This can only arise when rights have been given to people. Property rights flow from natural rights. The constitution of Kenya guarantees the right to own property. It states that every person has the right, either individually or in association with others , to acquire and own property. This, however is subject to the power of the state to compulsorily acquire property. Besides the provision on the right to own property, trespass is an offence under Kenyan laws. It is a civil wrong. Land, which is the centerpiece of our development and our main factor of production has been a contentious issue sinceShow MoreRelatedQuestions On The Rights Law Essay6983 Words   |  28 PagesSCHOOL OF LAW LLM 2014/2015 ACADEMIC YEAR GPR 605: HUMAN RIGHTS LAW ASSIGNMENT 4: THE RIGHT TO ADEQUATE HOUSING COURSE CO-ORDINATOR: DR. NICHOLAS ORAGO SUBMITED BY: GROUP TWO SUBMISSION DATE: 7TH AUGUST 2015 DECLARATION OF ORIGINALITY FORM This form must be completed and signed for all works submitted to the University for examination. Name of Student: GROUP TWO Registration Number: N/A College: HUMANITIES AND SOCIAL SCIENCES School: LAW Department: COMMERCIAL LAW Course