How to read a Kenyan judgment: a guide for law students

A judgment can run to fifty pages. You do not need to read every word the first time, but you do need to know what you are looking for.

Start with the citation

Kenya Law publishes decisions with a neutral citation, such as [2024] KEHC 1234 (KLR). The year, the court code (KEHC for the High Court, KECA for the Court of Appeal, KESC for the Supreme Court) and a number identify the case without a printed report. Always cite the neutral citation when one exists.

Read in this order

1. The heading and the parties. Who is the applicant or appellant? Who is the respondent? What kind of proceeding is it?
2. The last paragraph. Read the orders first. It is much easier to follow the reasoning when you know where it ends.
3. The background. The facts, as the court found them, and the procedural history.
4. The issues for determination. Good judgments list them. If they do not, write your own.
5. The analysis. For each issue, note the rule the court applied, the authorities it relied on and how it applied them to the facts.

Ratio and obiter

The ratio decidendi is the reasoning necessary to reach the decision. Obiter dicta are remarks made along the way.

Only the ratio binds. A useful test: if you removed the sentence, would the result still follow? If so, it is probably obiter.

How much weight does it carry?

• Decisions of the Supreme Court bind all other courts (Article 163(7) of the Constitution).
• The Court of Appeal binds the High Court and the courts below it.
• Decisions of the High Court are persuasive in other High Court benches, though judges usually follow earlier decisions unless they can explain why not.
• Foreign decisions are persuasive only.

Make notes you can reuse

Write a four-line brief for every case: facts, issue, holding, reason. A year from now, those four lines will save you an afternoon.

Tip: always check whether a decision has been appealed, overturned or distinguished before you rely on it.

Cover photo by Matthew Michael on Unsplash.