The basis for the administration of law and justice in the Colony of Kenya may best be summed up in the words of the Kenya Colony Order in Council, 1921, which reads: —

“There shall be a Court of Record styled Her Majesty's Supreme Court of Kenya… with full jurisdiction, civil and criminal, over all persons and all matters in the Colony1…. Subject to the other provisions of this Order, such civil and criminal jurisdiction shall, so far as circumstances admit, be exercised in conformity with the Civil Procedure and Penal Codes of India and the other Indian Acts which are in force in the Colony at the date of the commencement of this Order2 and subject thereto and so far as the same shall not extend or apply shall be exercised in conformity ...

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