Kenya Legal Research and Writing

This section gives you details on  Kenya Legal Research and Writing .Below are some Topics you need to learn on Legal Research and Writing. Click on the links to get more details on each topic.

1.Kenya Legal Research :Importance of Research to Legal Studies and Practice 
2. Kenya Legal Research :What is contained in a Legal Research proposal 
3. Kenya Legal Research :Quick overview of the legal research process 
4. Kenya Legal Research : What Does Legal Research Involve 
5. Kenya Legal Research :Legal Research Terms to know 
6.  Kenya Legal Research : What is Legal Research? 

More articles on Legal Research and Writing coming soon.

Kenya Legal Research :Legal Research Outline

1. Introduction: Legal Research – Evolution, Changing Emphasis and Contemporary Trends
in general and specific to Kenya
2. Different Kinds of Legal Research: Doctrinal, Non-Doctrinal/Empirical/Socio-Legal ,
Inter/Multidisciplinary, Historical.
3.Research: Meaning, Objectives, Motivations, Types and Significance, Method and
4.Methodology, Scientific Method, Research Process
5.Formulating Research Problem: Literature Review, Hypothesis, Research Design
6.Sampling Procedures: Probability and Non-Probability Sampling
7. Methods of Data Collection: Observation, Interview, Questionnaire, Schedules, Case
Study
8. Organisation, Interpretation and Analysis of Data
9. Report Writing: Use of Citations, Foot Notes, Reference, Bibliography, Indexes,
Appendixes
10. Tools of Legal Research: Library, Books, Law Reports, Law Commission Reports,
Legislative and Constitutional Assembly Reports, Computer/Internet
11. Legal Research and Law Reforms: Role of Judges and Jurists, Recommendations of
Commissions and Committees etc.
12. Plagiarism and Copyright Infringement
13. How to write a Dissertation/ Thesis

Kenya Legal Research :Importance of Research to Legal Studies and Practice

Lawyers spend a great deal of their time reading and writing, preparing briefs,
reports, letters, and they engage in numerous writing projects/assignments. It is
important, therefore, to ensure that the written work produced by a law
student or a lawyer is up-to-date and structurally accurate, since the work of
the lawyer goes a long way to shaping agreements and policies for public and
private sector institutions.
The research materials relevant to lawyers for the execution of their jobs are
mostly documents that deal with legal issues, such as legislations, case reports,
and legal agreements. During their legal training, lawyers learn where and how
to find these materials which are known as sources. It is after finding these
sources that the lawyer can develop his/her document based on relevant
information collected from the sources.

Legal research therefore involves three very important processes, the first of
which is finding the relevant sources. This can be done in a library, at a law
office or government office, online, or anywhere that the lawyer can find
authentic legal sources. Finding the right materials is a very important step,
because knowing what to look for can ‘make or break’ the resulting document.
The law student or lawyer can be assisted here by a reliable law librarian or
research assistant with a good general knowledge of available sources on
different legal subjects. After finding the materials, the lawyer must know how
to use them, that is, he/she must know how to find the relevant information
from the sources which he/she has. There are different ways to get
information from sources, and if the researcher does not know where or how
to look within any particular source, then he/she might get little or no
information from the correct source, or end up collecting irrelevant or wrong
information. Even where the researcher has found the right source and the
right information, they must know how to use that information. Important
issues such as citation, language and arrangement, among others, can greatly
reduce the value of the hard work of a researcher.
When research is well-undertaken and concluded, it can produce very
insightful material that is expected to contribute to the body of knowledge in
any particular field of legal studies and practice.

Legal research is important
for the following reasons:
a) Discovery: Research is all about discovery. Through research, the law
student or the lawyer discovers new arguments, legal provisions, positions on
relevant topics, and new ways of doing things. Research can also reveal new
aspects and approaches to old issues. For instance, where a general idea has been developed on a particular issue, effective research can enable the
researcher discover and reveal new perspectives on such issues.
b) Clarification: Good research helps the researcher to clarify their ideas on
issues pertinent to their work. Where a researcher is able to find reliable
sources on an issue, these can enlighten the researcher, especially where there
had been confusion or misconceptions about any issue.
c) Advancement: Effective research contributes to the general advancement
of knowledge, understanding and processes. Where a good law student or
lawyer discovers new issues or errors in old thinking, they can reveal this
constructively, so as to correct/clarify the position and advance knowledge in
that area. This is a very important way legal systems have developed over time.
d) Comparison: Research helps compare different ideas, especially where they
are conflicting. It develops the researcher’s analytical skills by providing them
with different ways of addressing any particular issue. It also helps compare
different sources, documents, and even legal systems. This broadens the scope
of the researcher’s thinking, helping them discover more, clarify issues and
advance theirs and general knowledge.
e) Authentication: Research is important for the purpose of authenticating the
thoughts, ideas, and positions of the researcher. While thoughts and opinions
are generally expressed in different for a, when research has been undertaken
on a particular issue, the results of the research possess a considerable level of
authenticity, depending on the quality of the research, which mere thoughts
and opinions may not possess.
There are several more reasons why research is important to the law student or
lawyer, especially since the job of the lawyer in an adversarial system is to build
his case and fall that of his opponent. Research helps the lawyer find material
to do this, and when combined with strong analytical skills, success is
practically guaranteed.

Kenya Legal Research :What is contained in a Legal Research proposal

A typical research proposal would usually contain some or all of the following components:
Abstract – This is a summary of the research, which is usually between 200 and
300 words. It contains a general statement about the area of research,
introduces the problem to be addressed by the research and contains a
hypothesis. An abstract is usually the first indicator as to the strength of a
particular research work/project, and can form the basis for accepting the
proposal.
Statement of the Problem – This provides a background of the main issue for
consideration in the proposed research and identifies the problem to be
addressed. Remember that research must have a purpose so this introduces
the purpose of the particular research project.
Objectives of the Research – After stating the problem, the researcher must
state how the proposed research will address the problem in a way that adds
value. Such value may be added through the introduction of policy mechanisms
or recommendations, or by adding to the body of knowledge on a particular
issue. Sometimes, a distinction may be made between the aims/objectives and
the significance of the work, the former stating the importance of the
research and the latter its actual tangible contributions.
Research Problem and Hypothesis – as stated above
Methodology – as stated above
Scope – This provides a ‘map’ of what the research work will do and how it will
do it. Usually, the scope points out the areas that the research will address,
and presents a structural ordering of how it will address those issues. The
scope is a very important part of the research as it provides a layout that
guides the writer, and eventually the reader, in addressing the work.
Sometimes, the proposal may also contain a table of contents which provides a
graphical layout of the entire work, depicting chapters, sections, sub-sections
and so on. The table of contents should usually provide all the information
about the content of the work, so that, if properly written, it can guide a
reader in making quick and accurate assessments about the substance of the
work.
The above discussion is an introduction to the general concepts that the
researcher will have to contend with when beginning a research project.
Throughout the rest of the course, reference will be made to some of these
concepts, and practical exercises will be employed to enhance understanding.

Kenya Legal Research :Quick overview of the legal research process

The research path you follow will vary depending on the nature of your topic and legal issue. There is no single “right” path to take in conducting   legal research. While there will be times when you will follow the research steps suggested herein in a linear fashion, that will not always be the case. Regardless of the path you follow using the steps below, if you are thorough and flexible in your research you will succeed!

1.    Identify the scope of the legal question.  Ask specific questions to identify:
(a) the relevant jurisdiction
(b) key sources and search terms
(c) the applicable time period.
2.   Begin your research by consulting a secondary source.Core texts, Halsbury’s Laws, key articles, can give perspective on howyour specific issue fits into a broader legal context and will assist you in finding on-point primary authority.   These are particularly useful if you have no experience of the area of law as they will act as a background. Note references to pertinent statutes and case citations.  Search for articles on the topic using the main legal journal indexes.  These include the Legal Journals Index (on Westlaw), Index to Legal Periodicals via Oxlip+ and Google Scholar.  You can also widenthe scope of your search to outside the legal indexes and search the Social Science Citation Index as well.
3.   Identify relevant statutes.If you located an applicable statute in your review of secondary sources,review the annotations for the applicable provision in Halsbury’s Statutes or on one of the various databases  Browse the contents of the statute to identify any other pertinent sections. Browsethe contents page of the Halsbury's Statutes volume to find other relevant statutes.  Look at any analysis documents available on the databases.
4.    Identify the cases that are on-point for your specific facts.When reading secondary sources, note cases that relate to your set of facts. Follow up the cases, checking headnotes and reading judgments that seem applicable. One good case can be a great starting point for research on narrow topics.
5.   Use digests and databases to find more cases.Digests provide another excellent resource to identify relevant case law. The Digest is a good source for finding English and Commonwealth cases by topic. It has the same subject structure as Halsbury’s Laws.  You can also search for cases on the databases using subject terms.  You may need to think about your search terms carefully as the database are very large. Use Boolean operators and connectors when possible to increase the accuracy of your results.
6.    Confirm that your authority is still good law.Use Westlaw Case Analysis, Lexis Case Search or a print citator to check that your cases are still good law and provide the most current, direct authority available for your setof facts.
7.    Search other online sources  to fill any gaps in your research. There are many other online sourcesother than Westlaw and Lexis Library.  There are free sources suchas the Legal Scholarship Network which can be useful for recent articles as well as Google Scholar, Bailii and Legislation.gov. Blogs, policy websites and so on are also useful, depending on the topic but you must be careful to evaluate the information you find on the web for accuracy.
8.    Keep a record of your research trail.Document all sources reviewed, including all sections and page numbers, regardless of whether you located relevant materials in them. This will help you later when you write up your research and need to check points.

Kenya Legal Research : What Does Legal Research Involve

The processes of legal research vary according to the country and thelegal system involved. However, legal research generally involves tasks such as:
1.Finding primary sources of law, or primary authority, in a given jurisdiction(cases,statutes,regulations, etc.).
2 . searching secondary authority(for example,law reviews,legal dictionaries,legal treatises, and legal encyclopedias such As American Jurisprudence and corpus Juris Secundum), for background information about a legal topic.
3.Searching non-legal sources for investigative or supporting information.
Legal research is performed by anyone with a need for legal information, including lawyers, Law librarians, and paralegals .

Kenya Legal Research :Terms to know

Terms to Know
*.Opinion: The formal written expression by a court or judge detailing the reasons and principles of law upon which the case is decided.
*.Parallel Citation: A citation reference to the same case printed in two or more different case reporters.
*.Stare Decisis: The doctrine underwhich courts adhere to precedenton questions of law in order to insure certainty, consistency, and stability in the administration of justice.
*.Shepardize: To look up a cases citation inShepard's Citationsin order to check the status of the case, whether it is still consideredgood law, parallel citations, or theuse of the case in other jurisdictions.
*.KeyCite: This helpful case citation tool is provided by Thomson Reuters Westlaw. You can view the history of a case, statute, administrative decision, or regulation to help determine whether it is "good law" and to retrieve citing references.

Kenya Legal Research : What is Legal Research?

Legal researchis "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes withthe application and communication of theresults of the investigation."

Definition of Legal Research
Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case, and legal process in general requires some amount of legal research.

Legal information is organized into two general categories:
1.Primary Law:Binding law that is codified in statutes, regulations, and caselaw.
2.Secondary Sources:Not legally binding, this type of information explains primary law and legal theory; including legal digests, treatises, journals, etc.