Kenya Criminal Law: Principals of Legality

According to the principle of legality under Kenya criminal law, "punishment may only beinflicted for contraventions of a designated crime created by a law that was in force before the contravention." This is summed upin the dictumnullum crimen sine lege, "no crime without a law."

Another important principle isnulla poena sine lege, "no punishment without a law." To apply the principle of legality, it is important that the definitions both of common-law and of statutory crimes be reasonably precise and settled. Penal statutes should be strictly construed, and the law should be accessible. Finally, there is the dictumnullum crimen, nulla poena sine praevia lege poenali, "laws and punishments do not operate retrospectively."