SIMILARITIES AND DISTINCTIONS BETWEEN VARIOUS LAWS
1. Public Law
a) Rules regulating relationships
between the government & private
individuals
b) Constituted in the Constitution
setting out functions of 3 organs of
the state, namely;
i) The Executive (President,
Cabinet & Public Service).
ii) Judiciary.
iii)Legislature.
c) Contained in regulatory statute e.g.
Licensing Boards or Tribunals.
d) Concerns the whole community.
2. Substantive Law
a) That part of the country's legal
system defining contents of legal
norms & their limits.
b) Gives rights and impose duties on
members of the public.
c) These laws may be statutes,
subsidiary legislation and bye- laws
e.g. (a) Land Act, (b) Penal Code
Act, (c) RTA.
3. Municipal Law
a) Law dealing with country's affairs.
b) Regulates individual's interests
between the state and the individual.
4. Common Law
a) Created by custom of the people &
case law (judge-made law)
1. Private Law
a) Concerns individuals and defines his/her
duties & set out his/her interests.
b) It concerns and ascertains rights & duties
of individuals inter se in civil law.
c) Concerns private obligations.
d) The state is not directly involved but sets
up machinery to settle disputes between
individual citizens.
2. Procedural Law
a) Law that governs the process of litigation
b) Lays down legal procedure or means by
which substantive laws are enforced.
c) Regulates conduct & relations of courts
& litigants in litigation e.g.
a) Civil Procedure Act, (b) Civil
Procedure Rules, (c) Criminal Procedure
Act.
3. International Law
a) Concerns principals and rules of conduct
which states, regions, continents &
international bodies such as the UN are
bound to observe in their relations with
each other.
b) Has international Court of Justice at the
Hague Holland to settle
4. Statutory Law
a) Enacted by Parliament and other
legislative bodies.
 b) Originated from England where
common law courts were formulated
and crystallized it
c) Not uniform because it was by
ancestors of each community.
d) It is neither written nor enacted by
parliament.
5. Common Law
a) Common law rules developed before
rules of equity.
b) Developed in common law Courts.
c) Initially rigid.
6. Civil Law
a) Actions or omissions capable of
being followed by civil actions
(suit).
b) There to protect individuals
interests.
c) Use of Plaintiff 86 Defendant.
d) Standard of proof is on a balance of
probabilities.
e) Liable infers civil liability but this
used in criminal context.
f) Civil proceedings are subject to a
limitation.
g) Government is liable in civil actions.
h) Jurisdiction of Magistrate is based
on pecuniary quantification
i) The loosing party is liable to pay
costs and damages.
j) Proceedings are instituted by the
5. Equity
a) Developed by the Court of Chancellor to
alleviate rigidity of common law
principles.
b) Emerged with common law Courts to
ensure justice. See
i) The 1995 Constitution.
ii) Judicature Act; Cap. 13.
iii) Magistrate Courts Act; Cap.16.
6. Criminal Law
a) Action or omission followed by criminal
proceedings (prosecution).
b) There to protect the public against
wrongs by bad elements in society.
c) It defines offences 86 prescribes
punishments.
d) Sets down principles of criminal
responsibility.
e) Some action e.g. trespass are same as in
civil.
f) Use of Prosecution & Accused.
g) The state is Prosecutor.
h) Proof beyond reasonable doubt.
i) Guilty infers criminal liability.
j) Criminal proceedings are never barred by
time.
k) Government is not liable.
l) Jurisdiction of magistrates is based on
 private person/ aggrieved persons.
k) An action can be based on civil
customary law.
7. Customary Law
a) It is not written & any party relying
on a custom must prove its
existence.
b) A valid custom is enforceable like
any other law.
gravity of the offence.
m) Punishment levied on the accused person
found guilty.
n) Proceedings are instituted by the state or
in the name of the state.
o) Does not tolerate actions based on
customary law, norms & morals
7. Other Laws
a) Laws like civil, criminal etc. are written.