Legal research and writing

1. LEGAL RESEARCH
& WRITING
PREP.
BROUGHT TO YOU BY MERCY
MAINGI
#another dimension

2. DEFINITIONS
Research- The systematic investigation into a concept to
establish facts and reach new conclusions. It also refers to the
process of identifying and investigating a ‘fact’ or a ‘problem’ to
acquire insight into it or find an apt solution.
Legal writing generally refers to analysing fact patterns and
presenting arguments in legal memos and briefs.

3. Legal research entails in-depth scrutiny of various sources of law such as;
1. Primary Sources of Law
• The Constitution of Kenya 2010 – (Art. 2- Supremacy of the Constitution; Section
3(1)(a) of the Judicature Act)
• Statutory Provisions/ Acts of Parliament e.g. The Judicature CAP 8 Laws of Kenya.
• Judicial Precedent – Judges apply the principle of stare decisis. The precedent
could either be binding or merely persuasive.
• Common Law Principles – so far only as the circumstances of Kenya and its
inhabitants permit and subject to such qualifications as those circumstances may
render necessary eg the Maxims of Equity.
• International Law – International Instruments like conventions and treaties eg the
Universal Declaration of Human Rights (UDHR)
2. Secondary Sources of Law
• Articles and Journals
• Books
• Theses/Dissertations

4. What is the Importance of Legal Research to a Law student/ Legal Scholars?
Enables one to:-
• Draw better conclusions to make informed decisions and as a result,
formulate well-informed legislation.
• Write well-researched papers.
• Brief cases and identify and engage with the central argument in a scholarly
article.
• Write good essays with an identifiable issue and well-substantiated
arguments with proper citation and referencing.
• Write a clear answer to a problem question reflecting a clear grasp of the law
and reasoned application of the law to the given problem.
• Explain the research process in general and legal research in particular.
• Process, organize and present legal information in a clear logical, concise and
appropriate manner.

5. Basics of Legal Writing
What, Why, When, Where, Who, How -Applies
when formulating research questions.
Facts - The status quo
Issues - Problem Statement
Law - Statutes, Case Laws etc.
Analysis - Criticisms and analysis of the law
and facts (Forms majority of your research)
Conclusion - Findings, Recommendations

6. Elements of Research
• Definitions
• Concepts
• Research Problem - What are the shortcomings in
the existing state of affairs?
• Hypothesis- Unsubstantiated assumptions
• Findings
• Recommendations and Conclusions

7. Legal Citation & Plagiarism
Acknowledging other writers and researchers before you where you
derived the information in your research.
The OSCOLA referencing method
• Use of footnotes - Give the author's name in the same form as in the
publication, relevant information about editions, translators and so
forth before the publisher, and give page numbers at the end of the
citation, after the brackets.
• Use of bibliographies - Give only the surname of the authors
followed by the initials in alphabetical order. In listing work by the
same author, you should start with
Plagiarism in UoN = E grade

8. QUESTION – Legal Research sources
• Criminal Procedure Code – Pleas and Plea taking Process, Bail
• Bail and Bond Policy Guidelines – Types and levels of bond
• Penal Code – Lists offences and the various forms of punishment
• Sentencing Policy Guidelines – Types of Sentences
• Constitution of Kenya – Art. 50(2) (g) states that every accused
person has a right to a fair trial which includes the right to choose
and be represented by an advocate, and to be informed of his
rights promptly.
Find all these documents on Kenya Law

9. THE END
All the best in your
upcoming exams!
BROUGHT TO YOU BY MERCY MAINGI
#another dimension