As a judge presiding over a case in Kenya, the interpretation of statutes is a crucial aspect of delivering a fair and just judgment.
I would interpret a statute in the following ways when giving judgment:
1. Constitutionality
I would look at the constitution and ensure that the interpretation aligns with the provisions of the constitution. In case there is a conflict between a statute and the constitution, the the constitution will take precedence since it is the supreme law of the land.
2. Legislative Intent
Understanding intent of the legislature is crucial when interpreting statutes.
To understand the intent, i would examine the legislative history which includes parliamentary debates, committee reports, hansard reports and other official reports. In doind so, i will be able to get a clear picture of the purpose and objectives behind the statute.
3. Purposive Approach
I would also use purpose approach for statute interpretation. This would involve looking beyond the literal wording of the statute and consider the underlying purpose of the statute.
4. Precedent
I would look at decisions made by higher courts. This is because decisions made by higher courts in Kenya e.g. Court of Appeal and Supreme Court carry alot of weight in statute interpretation.
5. Contextual Analysis
I would take into account customs, traditions and challenges of the community into account. Considering social, economic and cultural context of Kenya is important when interpreting statutes. This will ensure that the interpretation is sensitive to the needs and aspirations of the people.
The context in which the statute was enacted is an important factor to consider.
6. Legal Maxims and Principles
I would also consider relevant legal maxims and principles such as ejusdem generis (interpreting general terms in line with specific examples) and expressio unius est exclusio alterius (excluding what is not explicitly mentioned). These principles can help in constraining the scope and meaning of the statute.
7. Constitutional Rights and Human Rights
I would interpret a statute in a manner that protects and respects fundamental rights enshrined in Kenyan constitution as well as other international human rights instruments ratified by Kenya e.g Universal Declaration of Human Rights (UDHR)
8. Judicial Activism
As a judge interpreting a statute, i would consider social and policy implications of my interpretation to promote justice and address concerns of the society.
9. Meaning of Similar Statutes
If there are other statutes dealing with a similar matter, i would consider how those statutes have been interpreted.
10. Common Law Principles Relevant to the Statute.
I would also take into account common law principles that are relevant to the statute. Common law principles such as principle of equity are still relevant in Kenya.
11. Public Policy Behind the Statute.
This is the reason why the statute was enacted. I would consider this when interpreting a statute.