KAI Assistance in Representation for Cases

Types of Legal Cases in Kenya

Kenya’s legal system recognises several categories of cases, each governed by specific laws and procedures:

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1. Criminal Cases

• Definition: Cases where the State prosecutes an individual or entity for committing an offence against the law.
• Examples:
  • Murder, manslaughter, robbery with violence, assault.
  • Theft, fraud, corruption, bribery, money laundering.
  • Sexual offences (rape, defilement, harassment).
  • Drug trafficking and possession.
• Key Laws:
  • Penal Code (Cap. 63).
  • Criminal Procedure Code (Cap. 75).
  • Sexual Offences Act, 2006.
  • Anti-Corruption and Economic Crimes Act.

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2. Civil Cases

• Definition: Disputes between private individuals, organisations, or entities, usually seeking compensation, enforcement of rights, or specific performance.
• Examples:
  • Land and property disputes.
  • Contract breaches.
  • Debt recovery.
  • Succession and inheritance matters.
• Key Laws:
  • Civil Procedure Act (Cap. 21).
  • Law of Contract Act.
  • Land Act & Land Registration Act.
  • Law of Succession Act (Cap. 160).

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3. Family Law Cases

• Definition: Matters concerning family relationships, custody, and marriage.
• Examples:
  • Divorce and separation.
  • Child custody and maintenance.
  • Adoption cases.
  • Domestic violence.
• Key Laws:
  • Marriage Act, 2014.
  • Children Act, 2022.
  • Matrimonial Property Act, 2013.
  • Protection Against Domestic Violence Act, 2015.

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4. Commercial Cases

• Definition: Cases involving business, trade, and commercial transactions.
• Examples:
  • Company disputes.
  • Intellectual property rights cases.
  • Banking and insurance disputes.
  • Bankruptcy and insolvency.
• Key Laws:
  • Companies Act, 2015.
  • Insolvency Act, 2015.
  • Trademarks Act, Copyright Act, Industrial Property Act.
  • Banking Act, Insurance Act.

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5. Employment and Labour Cases

• Definition: Disputes between employers, employees, and trade unions.
• Examples:
  • Unfair dismissal.
  • Wage disputes.
  • Workplace discrimination.
  • Union recognition.
• Key Laws:
  • Employment Act, 2007.
  • Labour Relations Act, 2007.
  • Labour Institutions Act, 2007.
  • Work Injury Benefits Act (WIBA).

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6. Constitutional and Human Rights Cases

• Definition: Cases challenging violation of rights and freedoms under the Bill of Rights or interpretation of constitutional provisions.
• Examples:
  • Enforcement of fundamental rights (freedom of expression, equality, fair trial).
  • Election petitions and political rights cases.
  • Judicial review of government actions.
• Key Laws:
  • Constitution of Kenya, 2010 (esp. Articles 22 & 258).
  • Fair Administrative Action Act, 2015.

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7. Election and Political Cases

• Definition: Cases concerning elections, representation, and political participation.
• Examples:
  • Presidential election petitions.
  • Gubernatorial, parliamentary, and MCA election disputes.
  • Party nominations and internal democracy disputes.
• Key Laws:
  • Elections Act, 2011.
  • Political Parties Act, 2011.
  • Constitution of Kenya, 2010.

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8. Environment and Land Cases

• Definition: Disputes related to land, natural resources, and environmental protection.
• Examples:
  • Land ownership disputes.
  • Evictions and boundary issues.
  • Environmental degradation, pollution cases.
• Key Laws:
  • Environment and Land Court Act, 2011.
  • Land Act & Land Registration Act.
  • Environmental Management and Coordination Act (EMCA), 1999.

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9. Traffic Cases

• Definition: Offences under traffic and transport laws.
• Examples:
  • Overspeeding, careless driving.
  • Drunk driving.
  • Driving without a licence or insurance.
• Key Laws:
  • Traffic Act (Cap. 403).
  • NTSA Act, 2012.

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10. Tribunal Cases

• Definition: Specialised disputes handled by statutory tribunals.
• Examples:
  • Tax disputes (Tax Appeals Tribunal).
  • Rent disputes (Rent Restriction Tribunal, Business Premises Rent Tribunal).
  • Consumer disputes (Competition Tribunal).
• Key Laws:
  • Tax Procedures Act.
  • Landlord and Tenant Laws.
  • Competition Act.

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Summary Table

Type of Case	Examples	Main Laws
Criminal	Murder, theft, corruption	Penal Code, CPC
Civil	Land, contracts, debts	Civil Procedure Act, Succession Act
Family	Divorce, custody, adoption	Marriage Act, Children Act
Commercial	Company, IP, insolvency	Companies Act, Insolvency Act
Labour	Wages, unfair dismissal	Employment Act, WIBA
Constitutional	Rights violations, judicial review	Constitution, FAA Act
Election	Petitions, party disputes	Elections Act, Political Parties Act
Environment & Land	Ownership, pollution	ELC Act, EMCA
Traffic	Drunk driving, speeding	Traffic Act, NTSA Act
Tribunals	Tax, rent, consumer disputes	Various Tribunal Acts