Regional Law Glossary
Regional Law Glossary
Compiled and edited by Ronald Serwanga
This glossary explains selected legal words and concepts used in East Africa and the East African Community in clear and practical language.
These explanations are general legal information only. They do not replace the legislation, judgment, treaty or other official source referred to in each entry.
Legal words and concepts
abandonment
A deliberate giving up of a right or interest. In marine insurance, an insured who elects to treat a constructive total loss as an actual total loss may have to give the insurer notice of abandonment. Limits or cautions: The word changes meaning with context. Property, litigation, child protection and marine insurance use different tests; do not assume that physically leaving something always proves legal abandonment.
abatement
A reduction in what beneficiaries receive from an estate when the estate is not large enough to meet all debts and gifts in full. Limits or cautions: The order in which gifts abate depends on the governing succession law and the type of gift. Kenya’s Law of Succession Act has its own statutory scheme; the English priority rules in the source dictionary should not be imported automatically.
abduction
Causing a person, by force or deceit, to go from a place against the law. Limits or cautions: Kenya’s Penal Code definition is narrower and more technical than ordinary speech. Separate offences may apply depending on the purpose, age of the victim and what happens after the taking.
abet
To intentionally help, encourage or facilitate another person’s commission of an offence. Limits or cautions: Under Kenya Penal Code section 20, a person who aids or abets may be treated as a principal offender. The mental element and connection to the offence still have to be proved.
ABH
An abbreviation for actual bodily harm: injury that is more than merely trivial and interferes with the victim’s health or comfort. Limits or cautions: The abbreviation is common-law shorthand, not a universal East African offence label. In Kenya the offence is assault occasioning actual bodily harm under Penal Code section 251.
ab initio
A Latin expression meaning that a legal act or agreement is treated as invalid from its starting point, not merely from a later date. Limits or cautions: A court must first identify the legal reason for invalidity. A contract is not void ab initio simply because one party later breaches it.
abortion
Ending a pregnancy. Kenyan law protects life before birth while allowing termination in the circumstances stated in Article 26(4), including where emergency treatment is needed or, in the opinion of a trained health professional, the life or health of the mother is in danger, or where another written law permits it. Limits or cautions: This is highly jurisdiction-specific. Kenya also retains Penal Code offences for unlawful procurement of miscarriage. Do not transpose Kenya’s constitutional exception to Uganda, Rwanda, Tanzania, Burundi or South Sudan without checking each state’s current health and criminal legislation.
absconding
Deliberately staying away from court, custody or a legal process in order to avoid being dealt with by the justice system. Limits or cautions: Whether non-appearance amounts to an offence, forfeiture of bond, warrant of arrest or another consequence depends on the order breached and the procedural statute. Mere absence is not automatically absconding.
absence
Failure of a party or other required person to attend a scheduled court step or hearing. Limits or cautions: The legal consequence depends on who is absent, the kind of proceeding and whether service was proper. A case may be dismissed, proceed ex parte, be adjourned or be reinstated on sufficient cause.
absent-mindedness
Ordinary forgetfulness or inattention. It is not, by itself, a recognized defence that automatically removes criminal responsibility. Limits or cautions: The legal question is usually whether the prosecution proved the required voluntary act and mental element, or whether a recognized defence such as automatism applies. No standalone “absent-mindedness” defence was located in the reviewed East African statutes.
absent parent
A practical description of a parent who does not live with the child. It does not by itself remove parental duties. Limits or cautions: Kenyan constitutional law places equal responsibility for a child on the mother and father whether or not they are married to each other. Terminology and enforcement mechanisms differ across East African family laws.
absolute
A legal adjective meaning that a right, order or entitlement is not subject to a stated condition or qualification. Limits or cautions: The exact effect depends on the noun it qualifies. East African common-law jurisdictions can use inherited terminology, but written law prevails where it specifically regulates the matter.
absolute assignment
An outright transfer of a legal or equitable right from one person to another, intended to pass the whole assigned interest rather than merely create security. Limits or cautions: The formalities depend on the asset or right assigned. The phrase is not a universal statutory label across East Africa; check the governing contract, property, insurance or debt legislation.
absolute discharge
A release of an offender without a further condition attached to the discharge. Limits or cautions: The source dictionary’s English sentencing label should not be assumed to exist identically in East African sentencing statutes. Kenyan courts use the remedies and sentencing powers conferred by local criminal statutes and procedure.
absolute interest
A beneficial entitlement that is not limited to income or made dependent on a future condition before the beneficiary can take it. Limits or cautions: Tax consequences and the distinction between vested, contingent, life and residuary interests are governed locally. The UK tax provision in the source dictionary is not an East African rule.
absolute privilege
Protection that prevents defamation liability for specified statements even if the words would otherwise be defamatory, because the law gives the occasion complete protection. Limits or cautions: Kenya Penal Code section 198 specifies categories of absolutely privileged matter. The protected occasions are statutory; do not extend them by analogy from UK legislation.
absolute right
A right for which the governing constitution or treaty removes the ordinary power of limitation or suspension. In Kenya, Article 25 identifies rights and freedoms that may not be limited. Limits or cautions: The list is jurisdiction-specific. The African Charter is binding on all the listed East African states, but it does not copy the European Convention’s “absolute/qualified right” terminology. South Sudan was the latest AU member to ratify the Charter, on 23 October 2013.
absolute theory of sovereign immunity
The older view that a foreign sovereign state is immune from the jurisdiction of another state’s courts simply because of its sovereign status. Limits or cautions: Modern practice distinguishes state immunity, diplomatic immunity and immunity for particular acts or entities. Kenyan cases recognize state-immunity principles, while the Privileges and Immunities Act gives Vienna Convention rules force of law for diplomats and consuls.
absolute title
Registered ownership that the land register treats as strong proof of the holder’s title, subject to statutory exceptions and registered interests. Limits or cautions: Kenya Land Registration Act section 26 makes the certificate of title prima facie evidence of ownership but permits challenge, including for fraud or where title was acquired illegally, unprocedurally or through a corrupt scheme.
abstracting electricity
Taking, diverting, using or facilitating the use of electricity without lawful authority or contrary to the supply arrangement. Limits or cautions: Kenya does not use the old English offence label as the sole rule. Energy Act section 168 creates specific offences for unauthorized connections, alterations, improper use, supply, theft and interference.
abstraction of water
Taking water from a water resource for use, usually under a permit unless a statutory exception applies. Limits or cautions: Permit requirements and exceptions are source- and activity-specific. Kenya Water Act rules should not be carried across borders; each East African state has its own water-permitting regime.
abstract of title
A summary or set of documents used to show how a person claims legal title to land. Limits or cautions: Modern registered-land systems rely primarily on the official register and statutory title documents rather than the older English conveyancing “abstract” process. Always search the current register and encumbrances.
abuse of a dominant position
Conduct by an undertaking with market power that improperly exploits or excludes others, such as unfair pricing, restricting market access, discriminatory conditions or predatory practices. Limits or cautions: Dominance is not itself unlawful. Kenya Competition Act section 24 prohibits abuse and section 23 defines dominance thresholds and market power. Other EAC states have separate competition statutes and the EAC competition framework may also be relevant to cross-border conduct.
abuse of a position of trust
Using a position of authority or trust to engage in prohibited sexual conduct with a person protected by the law. Limits or cautions: Kenya Sexual Offences Act section 24 covers specified relationships and offences. Age thresholds, protected relationships and sentences differ among East African states.
abuse of process
Using court procedures for an improper purpose, or in a way that is frivolous, vexatious, oppressive or otherwise interferes with the proper administration of justice. Limits or cautions: It is a flexible doctrine applied to the facts of each case. It is not limited to one closed list of conduct and should not be confused with simply losing a case.
abusive behaviour
Conduct involving threats, intimidation, insults or other abuse that may fall within a specific criminal or public-order offence depending on what was said or done and the circumstances. Limits or cautions: “Abusive behaviour” is not a single general offence label in the reviewed Kenyan legislation. Identify the specific offence charged, its elements and any constitutional speech protections.
ABWOR
A historical UK acronym for a particular form of publicly funded representation. It is not the name of Kenya’s legal-aid scheme. Limits or cautions: For Kenya, use the Legal Aid Act terminology: legal aid includes legal advice, representation, document assistance and ADR support. Do not present ABWOR as an East African statutory programme.
ACAS
The name of a United Kingdom labour-relations body, not an East African institution. Limits or cautions: East African employment disputes use local labour ministries, conciliators, tribunals and courts. In Kenya, ADR and conciliation exist under local labour and constitutional frameworks, but the body is not called ACAS.
acceleration
The taking effect of a future property interest earlier than originally expected because the prior interest ends or fails. Limits or cautions: Whether acceleration occurs depends on the instrument and local succession/trust law. It is mainly a common-law/equitable concept rather than a standalone Kenyan statutory definition.
acceptance
A final and unqualified assent to an offer that, together with the other requirements of contract formation, can create a binding agreement. Limits or cautions: Acceptance must be assessed objectively and against the offer’s terms. Some contracts require writing, signature or other statutory formalities even where the parties appear to agree.
acceptance of a bill
The drawee’s signed agreement on a bill of exchange to pay it as required by the bill. Limits or cautions: The Bills of Exchange Act controls form and effect. A qualified acceptance changes the effect and may require the holder’s assent.
acceptance supra protest (acceptance for honour)
A special acceptance made after dishonour, by a person not already liable on the bill, to protect the honour of a party to the bill. Limits or cautions: It is a technical bills-of-exchange mechanism. The statutory formalities, presentment, protest and liability rules must be followed; it should not be generalized to ordinary contracts.
access
A parent’s or other authorized person’s ability to spend time with, communicate with or maintain a relationship with a child. Limits or cautions: Modern child law is governed by the child’s best interests and local statutory terminology. The old English shift from “access” to “contact” does not itself determine Kenyan, Ugandan, Rwandan, Tanzanian, Burundian or South Sudanese law.
accession
A formal international-law act by which a state consents to be bound by a treaty when the treaty permits accession. Limits or cautions: Do not confuse treaty accession with joining an organization or with property-law accession. Domestic effect also depends on each state’s constitutional approach to treaties; Kenya, for example, addresses ratified treaties in Article 2(6).
access land
A United Kingdom statutory label for land subject to a specific public right of recreational access. Limits or cautions: No equivalent general “access land” category was located in the reviewed East African primary sources. East African public access depends on local land, forest, wildlife, road, shoreline and environmental statutes.
accessory
A person who assists in an offence, either by helping its commission or by knowingly helping an offender after the offence in circumstances covered by law. Limits or cautions: Kenya Penal Code largely treats aiders and abettors as principal offenders under section 20 and separately defines accessories after the fact in section 396.
accessory liability in breach of trust
Personal liability that may arise when a person who is not the trustee dishonestly assists a trustee’s breach of trust. Limits or cautions: This is an equitable common-law doctrine rather than a uniformly codified East African rule. Uganda expressly receives common law and equity only so far as written law and local circumstances permit.
accident
An unintended event that causes injury, death or property damage; in legal practice the consequences depend on the relevant field, such as traffic, employment, insurance or negligence. Limits or cautions: The word does not itself decide fault. Liability may still arise if negligence, statutory breach or another legal basis is proved.
accident record book
An official police record in which details of investigated road accidents are entered. Limits or cautions: Kenyan Standing Orders use an Accident Register and Occurrence Book. Access to copies, evidential use and privacy are governed by local police, evidence and access-to-information rules.
accomenda
A historical maritime-commercial arrangement in which an investor entrusted goods or money to a shipmaster or merchant for a voyage and shared the resulting profit. Limits or cautions: No current standalone “accomenda” rule was located in the reviewed East African primary sources. Retain it only as historical/comparative terminology; modern maritime and commercial obligations are governed by current statutes and contracts.
accommodation bill
A bill of exchange signed by a person who receives no value for signing and lends their name or credit to another party. Limits or cautions: An accommodation party can still be liable to a holder for value. The statutory definition and liability rules apply, not ordinary guaranty assumptions.
accomplice
A person who participated in an offence, whether as a direct offender or through legally relevant assistance. Limits or cautions: Kenyan evidence law treats an accomplice as a competent witness. The weight and need for caution or corroboration are evidential questions distinct from whether the witness was legally a participant.
accord and satisfaction
A method of settling an existing obligation by agreeing to accept different performance and then carrying out that substitute performance. Limits or cautions: The doctrine comes from common law and equity. Written-law requirements, consideration, deeds, waiver and estoppel may alter the result in a particular East African jurisdiction.
account
A remedy or obligation requiring a person who handled another’s money or property to explain receipts, payments and gains and, where required, pay what is due. Limits or cautions: An “account” can also mean financial statements or a bank account. The legal remedy depends on the underlying fiduciary, contractual, statutory or intellectual-property duty.
accounting period
The period for which an entity prepares accounts or for which a tax or reporting rule measures financial results. Limits or cautions: Company-law reporting periods and tax-law accounting periods are not necessarily identical. Check the applicable company, income-tax and sector-specific rules in the relevant state.
accounting practice
The methods and standards used to recognize, measure and present an entity’s financial transactions, assets, liabilities, income and expenses. Limits or cautions: Tax law can adjust accounting results, and regulated entities may have additional standards. Do not assume a UK GAAP rule governs East African reporting.
accounting records
Records that show and explain a company’s transactions and financial position well enough to support proper accounts. Limits or cautions: Retention periods, form, electronic keeping and access requirements depend on the statute. Uganda Companies Act expressly requires proper books and permits electronic records subject to the Act.
account monitoring order
A court order requiring a reporting institution to disclose specified information about transactions through a named or identified account for an investigation. Limits or cautions: The order requires statutory grounds and is subject to secrecy rules. It is not a general power for private litigants to inspect bank accounts.
account of profits
A monetary remedy aimed at stripping the defendant of profit made from the legal wrong, rather than compensating the claimant for the claimant’s own loss. Limits or cautions: Availability depends on the cause of action and election of remedies. Kenyan copyright law expressly makes “accounts” available among infringement remedies.
accounts
Formal financial statements that report an entity’s financial position and performance for a period. Limits or cautions: Required components, audit, filing and disclosure vary by entity type and jurisdiction. Use the current companies and accounting legislation rather than the older UK Companies Act references in the source dictionary.
accreditation
The formal process by which a sending state presents and the receiving state recognizes a diplomatic representative. Limits or cautions: Diplomatic accreditation is distinct from professional or institutional accreditation. Kenya gives specified Vienna Convention on Diplomatic Relations articles the force of law.
accretion
The gradual natural addition of material to land, often by water, which can affect riparian boundaries or ownership under the applicable property law. Limits or cautions: No single modern East African statutory definition was located across the reviewed states. In common-law jurisdictions, the doctrine may operate subject to written land, water and boundary law and local circumstances.
accruer
A will or trust mechanism under which a failed or lapsed share is added to another beneficiary’s share instead of falling into residue or intestacy. Limits or cautions: Effect depends on the wording of the will and the statutory rules on lapse, survivorship and failed gifts. “Accruer” is not a widely used statutory label in current East African legislation.
accumulation
Keeping trust income and adding it to the trust fund instead of paying it out immediately. Limits or cautions: Trustees need authority from the trust instrument or law. Kenya Trustee Act sets rules for applying and accumulating income during minority; perpetuity and tax rules may also matter.
accumulation and maintenance settlement
A historical UK tax/trust label for a settlement that accumulated income for younger beneficiaries while allowing maintenance payments. Limits or cautions: The exact UK tax category should not be presented as a Kenyan statutory classification. Kenya Trustee Act does, however, provide powers concerning maintenance and accumulation for beneficiaries.
accusare nemo se debet
A Latin maxim expressing the principle that a person should not be compelled to provide self-incriminating evidence against themselves. Limits or cautions: The scope depends on constitutional and evidential rules. Kenya Constitution expressly protects an accused person’s right to refuse to give self-incriminating evidence.
accusatorial procedure (adversary procedure)
A trial model in which prosecution and defence present opposing cases before an independent court that decides the issues under procedural and evidence rules. Limits or cautions: East African systems may combine adversarial trial features with judge-led case management and statutory duties. The constitutional fair-trial guarantees are more important than the label itself.
acknowledgment
A statement or act recognizing that a debt, right or obligation exists. Limits or cautions: For limitation purposes, a legally effective acknowledgment may have formal requirements and consequences for time limits. A signature acknowledgment and a procedural acknowledgment of service are different concepts.
acknowledgment and undertaking
A conveyancing arrangement under which a person retaining title documents recognizes another person’s right to inspect or obtain copies and may promise to keep the documents safely. Limits or cautions: This is inherited conveyancing language and is less central in a modern registered-land system. Current register searches and statutory title documents take priority.
acknowledgment of service
A formal procedural step by which a party confirms receipt or service of court documents in the manner required by the rules. Limits or cautions: The English CPR timetable in the source dictionary is not the Kenyan timetable. Kenya Civil Procedure Rules have their own service and appearance provisions, including acknowledgment on summons in specified circumstances.
a coeli usque ad centrum
An old common-law maxim used to describe the idea that land ownership extends vertically above and below the surface. Limits or cautions: It is not absolute in modern law. Minerals, airspace, utilities, planning, compulsory acquisition and other statutory regimes limit what a surface owner controls. Treat the maxim as historical shorthand, not a complete statement of East African land law.
ACP states
A historical collective label for African, Caribbean and Pacific countries that cooperated with the European Union under the Lomé and Cotonou frameworks. Limits or cautions: The institutional terminology has changed: the Organisation of African, Caribbean and Pacific States (OACPS) and the Samoa Agreement now provide the current framework. Avoid presenting the old Cotonou arrangements as current law.
acquiescence
Conduct showing that a person knowingly accepted or failed to object to a situation in circumstances where the law may treat that conduct as relevant to later relief. Limits or cautions: Silence is not always consent. The doctrine is equitable and fact-sensitive, and written statutes can displace it.
acquired rights
Rights that have already vested or been earned under the applicable law or legal arrangement. Limits or cautions: The source dictionary’s cross-reference is tied to EU transfer-of-undertakings law. There is no single EAC-wide “acquired rights” employment rule with that meaning; check national labour statutes and any applicable EAC instrument.
acquis communautaire
The accumulated body of European Union law and obligations binding on EU members and accession states. Limits or cautions: This is an EU term, not the name of East African Community law. EAC obligations arise from the EAC Treaty, protocols, Community Acts and other instruments, with implementation governed by the Treaty.
acquittal
A court decision ending a criminal charge in the accused person’s favour because guilt was not established or because the law requires acquittal. Limits or cautions: An acquittal differs from some forms of discharge. Kenya Constitution also protects against being tried again for an offence after a previous conviction or acquittal, subject to the constitutional wording.
act in pais
An old Law-French expression for an act done outside formal court proceedings or outside the record. Limits or cautions: The phrase is archaic and was not located as a current statutory term in the reviewed East African sources. If it appears in an older case or instrument, interpret it in that historical context.
action
A court proceeding brought to enforce or protect a legal right or obtain a remedy. Limits or cautions: Modern rules may use “suit”, “claim”, “application”, “petition” or “proceedings” with different procedural consequences. Use the label required by the governing rules.
action plan order
A former United Kingdom youth-sentencing order requiring a young person to follow a structured plan. Limits or cautions: This is not a Kenyan statutory sentence name. Child offenders in Kenya are governed by the Children Act and local diversion, rehabilitation and sentencing provisions.
active trust (special trust)
A trust in which trustees have continuing duties to perform, such as managing, investing, distributing or exercising discretion, rather than merely holding property for immediate transfer. Limits or cautions: The precise duties come from the trust instrument and statute. The label “special trust” can have different meanings in tax or statutory contexts, so the instrument must be read.
activity requirement
A United Kingdom sentencing label for a requirement that an offender perform a specified activity. Limits or cautions: Kenya uses its own sentencing and community-service legislation. Do not import the UK “activity requirement” label or its conditions into a Kenyan sentence.
act of God
An exceptionally serious natural event that is not caused by a party and may be legally relevant to causation, liability or contractual performance. Limits or cautions: The phrase does not automatically excuse performance. Contracts often define force majeure separately, and negligence or failure to take reasonable precautions can defeat the defence.
Act of Parliament (statute)
A law enacted by Parliament through the constitutional legislative process and brought into law in accordance with the Constitution. Limits or cautions: The UK concepts of Crown assent, House of Lords procedure and regnal years do not describe East African legislative systems. Kenya’s process is governed by its Constitution, including Articles 94 and 109–116.
act of state
An act carried out by a state or its authorized organs in the exercise of sovereign governmental authority, sometimes raising questions of immunity, foreign-relations deference or justiciability. Limits or cautions: The English “act of state doctrine” is not a blanket rule that every governmental act is beyond review. Kenyan constitutional and administrative-law controls apply to Kenyan public power, while foreign-state immunity is a separate issue.
actual bodily harm (ABH)
Physical or recognized injury that is more than trifling and is serious enough to interfere with the victim’s health or comfort. Limits or cautions: Kenya Penal Code section 251 creates the offence of assault occasioning actual bodily harm. Courts assess the proved injury and causation; the UK offence structure should not be imported beyond what Kenyan law supports.
actual military service
For succession purposes, service by a member of the armed forces or merchant marine in the circumstances defined as “active service”, which affects the validity period of certain oral wills. Limits or cautions: Kenya’s Law of Succession Act uses “active service”, not the source dictionary’s UK “actual military service” wording. Section 9 gives a special rule for oral wills made during active service.
actual notice
Real knowledge that a person has of another right, interest or fact that may affect a transaction. Limits or cautions: In registered land, statutory registration rules and protected interests are central. The old English doctrine-of-notice framework for unregistered land should not be transplanted wholesale into Kenya’s registered-land system.
actual total loss (in marine insurance)
A marine-insurance loss where the insured subject matter is destroyed, so damaged that it is no longer the thing insured, or the insured is irretrievably deprived of it. Limits or cautions: This differs from constructive total loss, where abandonment rules may become relevant. Policy terms and statutory rules determine indemnity.
actus reus
The external element of an offence: the prohibited act, omission, circumstance or result that the prosecution must prove. Limits or cautions: The exact actus reus comes from the wording of each offence. Some offences impose liability for omissions or states of affairs; not every offence requires the same form of conduct.
actus reus non facit reum nisi mens sit rea
A Latin maxim expressing the usual principle that criminal guilt requires both the prohibited conduct and the required mental element. Limits or cautions: It is a starting principle, not an exception-free rule. Statutes can create strict-liability offences or define mental elements differently. Always read the specific offence.
ad colligenda bona
A temporary, limited grant of administration used where urgent action is needed to collect, protect or preserve a deceased person’s estate before a full grant can be made. Limits or cautions: It does not authorize general distribution of the estate. Kenyan courts treat it as narrow and interim.
additional voluntary contribution (AVC)
An extra contribution a member chooses to pay into a retirement-benefit scheme in addition to mandatory or standard contributions. Limits or cautions: The permitted purpose, deduction method, tax treatment and access rules depend on the scheme and current retirement-benefit law. Kenya expressly recognizes additional voluntary contributions in several pension instruments.
address for service
The address or approved contact point at which a party agrees or is required to receive formal court documents. Limits or cautions: Service is valid only if it complies with the applicable rules or court order. Electronic service and service on advocates may have separate requirements.
adduce
To put evidence before a court or tribunal for consideration. Limits or cautions: Evidence must still satisfy relevance, admissibility, authenticity and procedural requirements. Merely presenting material does not make it admissible or prove the fact asserted.
ademption
The failure of a specific gift in a will because the identified property is no longer part of the testator’s estate, or has changed in a way that brings the statutory rule into play. Limits or cautions: Ademption mainly affects specific gifts. Kenyan succession law contains its own statutory rules; do not use the source dictionary’s English examples as if they were Kenyan provisions.
ad idem
Agreement by the parties on the same essential terms so that there is a genuine meeting of minds. Limits or cautions: Formal compliance alone may not save a transaction where the parties are materially at variance on an essential term such as price. Courts assess the contract objectively from the evidence.
ADIZ
A security concept describing an airspace zone in which a state requires aircraft identification or reporting for national-defence purposes before aircraft reach sovereign airspace. Limits or cautions: No general EAC-wide ADIZ rule was located in the reviewed primary sources. Civil aviation flight-information regions and controlled airspace are different concepts; check each state’s current aviation and defence notices before using the term operationally.
adjective law
The body of rules governing how legal rights and duties are enforced in courts and tribunals, as opposed to the substantive rules defining the rights themselves. Limits or cautions: “Adjective law” is a scholarly label rather than the title of one East African statute. South Sudan’s official repository separately lists civil procedure, criminal procedure and evidence legislation, illustrating the procedural function.
adjournment
A decision to postpone or suspend a hearing or other proceeding to a later time or date. Limits or cautions: Adjournment is discretionary and may require good reason. Kenya’s Fair Administrative Action Act expressly recognizes a request for adjournment where necessary to ensure a fair hearing in administrative proceedings; court rules govern judicial adjournments.
adjudication
The formal process of deciding a legal dispute or issue by a court, tribunal or other body with lawful decision-making authority. Limits or cautions: The powers of the decision-maker and available appeals or judicial review depend on the statute creating the jurisdiction.
adjudication order
An older bankruptcy-law label for an order formally adjudging a debtor bankrupt. Limits or cautions: Kenya’s current Insolvency Act uses its own bankruptcy and administration terminology. The source dictionary correctly treats “adjudication order” as historical in English law, and it should not be used as the current Kenyan order name without checking the Act.
adjustment
The process of calculating the amount payable or the parties’ shares of a loss under an insurance policy or general-average event. Limits or cautions: The calculation depends on the policy and governing marine-insurance rules. “Average adjuster” practice should not be confused with a court judgment or statutory fine.
ad litem
A limited appointment or grant allowing a person to represent an estate or interest for the purpose of specified court proceedings. Limits or cautions: It is not a full grant of administration and generally does not authorize distribution of the estate. Kenyan case law distinguishes a grant ad litem from administration pendente lite.
administration
Depending on context, either the process of collecting a deceased person’s estate, paying liabilities and distributing the balance, or the statutory management of an insolvent company by an administrator. Limits or cautions: The same word has materially different meanings in succession and corporate insolvency. Identify the statutory context before defining powers.
administration action
A proceeding asking the court to resolve or supervise issues in the administration of a deceased person’s estate. Limits or cautions: “Administration action” is older English Chancery terminology and is not the standard title for every Kenyan succession proceeding. Use the Law of Succession Act and Probate and Administration Rules terminology for the actual application.
administration bond
Security given in connection with a grant of administration to protect the estate against failure by the administrator to perform legal duties. Limits or cautions: Whether security or sureties are required depends on the applicable probate rules and exceptions. Kenya’s Privileges and Immunities Act expressly recognizes the concept when granting administration to a consular officer and provides a no-sureties exception.
administration of poison
Giving, causing a person to take, or otherwise using poison or a harmful substance in circumstances that amount to a criminal offence. Limits or cautions: There is no single universal offence called “administration of poison”; liability depends on intent, harm, victim and the specific Penal Code provision, and may overlap with assault, attempted murder or homicide.
administration order
A court order or statutory process placing an insolvent company under an administrator so its affairs can be managed for the objectives set by insolvency law. Limits or cautions: The source dictionary also describes an English county-court debtor procedure. Kenya’s Insolvency Act has its own company-administration regime; do not combine the two.
administration pending suit
A temporary grant made while a succession dispute is pending so that someone can preserve or manage the estate until the litigation is resolved. Limits or cautions: It is a limited grant and should not be confused with ad litem, which is directed to representation in litigation, or ad colligenda bona, which is focused on urgent collection and preservation.
administration period
The time during which a deceased person’s estate is being collected, liabilities are settled and the estate is prepared for lawful distribution. Limits or cautions: The phrase is descriptive; statutory deadlines and duties vary. Uganda’s Succession Act governs grants and administration but does not make the UK tax meaning automatically applicable.
administrative law
The law governing how public authorities and other bodies exercising administrative power make decisions, and how those decisions can be challenged or reviewed. Limits or cautions: In Kenya, Article 47 and the Fair Administrative Action Act constitutionalize standards of lawfulness, reasonableness and procedural fairness. Other East African states have different constitutional and procedural routes.
administrative letter
A descriptive expression sometimes used for an official or commercial letter that gives information, comfort or an assurance without necessarily creating the same obligations as a formal guarantee or decision. Limits or cautions: No general East African statutory definition of “administrative letter” was located. Its legal effect depends on wording, authority, legitimate-expectation principles and the governing statute.
administrative powers
Powers given by the Constitution, statute or other lawful authority to public bodies or officials to make decisions, issue approvals, regulate conduct or carry out public functions. Limits or cautions: Administrative discretion is not unlimited. Kenya requires administrative action to be lawful, reasonable and procedurally fair and provides review grounds and remedies.
administrative receiver
A receiver with broad powers over company property under a security arrangement in circumstances recognized by insolvency law. Limits or cautions: The term is technical and its availability may be restricted by modern insolvency legislation. Kenya’s Insolvency Act refers to persons who have acted as an administrative receiver, but current appointment powers must be checked against the Act and the security instrument.
administrative tribunal
A body created by written law to decide specialized disputes or administrative matters outside the ordinary court structure. Limits or cautions: A tribunal has only the jurisdiction given by law. Its decisions may be subject to statutory appeals, constitutional review and judicial review, often after internal remedies are exhausted.
administrator
In succession, a person to whom the court grants authority to administer an estate when there is no acting executor. In insolvency, the same word can mean a statutory office-holder managing a company. Limits or cautions: Always identify the context. Uganda Succession Act defines an administrator through the grant of letters of administration; Kenya insolvency law separately uses “administrator” for companies.
Admiralty Court
The court jurisdiction dealing with maritime claims such as shipping, collisions, cargo and other matters assigned by merchant-shipping law. Limits or cautions: Institutional labels differ. Tanzania’s High Court is expressly a Court of Admiralty under section 3 of the Judicature and Application of Laws Act; Kenya’s High Court also has admiralty jurisdiction under its Judicature Act.
admissibility of evidence
The legal rules deciding whether particular material may be received and used as evidence in a proceeding. Limits or cautions: Relevance is necessary but not always sufficient. Statutory exclusions, constitutional rights, hearsay rules, privilege, authentication and illegally obtained evidence can affect admissibility.
admissibility of records
Rules governing when records and documents can be received as evidence of what they contain. Limits or cautions: Different foundations apply to business records, public documents, electronic records and certified copies. The UK Civil Evidence Act rule in the source dictionary is not Kenyan law.
admission
A statement by a party that accepts a fact or proposition that may operate against that party in the proceeding. Limits or cautions: An admission is not always the same as a confession. Kenyan Evidence Act separately regulates admissions and confessions, including voluntariness and admissibility.
admonition
A formal warning or reprimand given by a court or authority instead of, or alongside, another response. Limits or cautions: “Admonition” is not a single general Kenyan sentence equivalent to the historic English label in the source dictionary. Any warning, discharge or child-justice measure must have a lawful procedural basis.
adoption
A court-authorized process that creates a legal parent-child relationship between the adopter and the child in accordance with the Children Act. Limits or cautions: Kenya’s current adoption regime is in Part XIV of the Children Act 2022 and includes local, kinship and foreign adoption. Rwanda has a distinct persons-and-family regime, updated by Law No. 71/2024; intercountry adoption requirements should never be assumed to be identical across states.
Adoption law (explanatory note)
A cross-jurisdiction note: adoption is governed by each state’s child and family legislation, court procedure and, for intercountry cases, applicable international and administrative requirements. Limits or cautions: The source dictionary’s UK Adoption and Children Act framework is not transferable to East Africa. Kenya now uses the Children Act 2022; Rwanda’s persons-and-family legislation was updated by Law No. 71/2024; other East African states must be checked separately.
adoption agency
An authorized body involved in lawful adoption arrangements, assessment or placement under the governing child law. Limits or cautions: Kenya’s current Children Act framework refers to the National Council for Children’s Services and registered adoption societies. The older UK definition of a local authority or approved society is not the Kenyan definition.
adoption leave
Paid employment leave given to an employee who has a child placed in the employee’s continuous care and control through a registered adoption society, subject to statutory conditions. Limits or cautions: Kenya Employment Act section 29A provides one month’s pre-adoptive leave with full pay and requires notice and documentation. Other East African states have different leave entitlements and terminology.
adoption service
Services and functions that support lawful adoption, such as assessment, declaration of a child as free for adoption, placement work and court reports. Limits or cautions: “Adoption service” as a defined local-authority package is UK terminology. Kenya allocates functions through the Children Act institutions and registered adoption societies; use those statutory names.
adoption society
An organization registered or recognized under Kenyan child law to carry out authorized adoption functions, including reports and arrangements required by the adoption process. Limits or cautions: Only bodies meeting the current statutory requirements may perform the relevant functions. The legal status of a society must be checked at the time of the proposed adoption.
adoptive relationship
The legal parent-child relationship created by a valid adoption order, carrying the rights and responsibilities assigned by the governing child and family law. Limits or cautions: The legal consequences for birth-parent rights, inheritance, names, nationality and intercountry recognition can differ by jurisdiction and by the type of adoption.
ADR
Methods of resolving disputes outside a full court trial, including negotiation, mediation, arbitration, conciliation and recognized informal mechanisms. Limits or cautions: Kenya Constitution encourages ADR but constitutional and statutory limits still apply. Some disputes must follow mandatory statutory procedures or cannot be validly settled by certain mechanisms.
ad referendum
A treaty-law expression for a signature made subject to later confirmation by the state before the signature counts as full consent in the manner provided by the Vienna Convention. Limits or cautions: It is not a general label for every incomplete private contract. In treaty law, Vienna Convention Article 12(2)(b) specifically addresses signature ad referendum and confirmation.
adulteration
Making food impure, unsafe or non-compliant by adding, substituting or allowing substances or conditions that the law prohibits. Limits or cautions: Whether a product is legally “adulterated” depends on the applicable food standard. Kenya Public Health Act section 131 prohibits sale or possession for sale of tainted, adulterated, diseased or unwholesome food, and detailed regulations set product standards.
adultery
Marital misconduct involving a spouse having a sexual relationship outside the marriage, where the governing marriage law treats it as relevant to dissolution. Limits or cautions: Kenya Marriage Act section 66 includes adultery as a ground relevant to breakdown of a civil marriage. Definitions, evidential standards and divorce grounds differ across East African states and marriage systems.
advance information
Information and evidence about the prosecution case that an accused person is entitled to receive early enough to prepare a defence. Limits or cautions: Kenya Constitution guarantees advance information of the evidence the prosecution intends to rely on and reasonable access to that evidence. Disclosure duties can continue as the case develops.
advancement
A trustee’s power, where law and the trust allow it, to apply capital early for the advancement or benefit of a beneficiary who has or may obtain an interest in the trust property. Limits or cautions: Kenya Trustee Act section 34 limits and conditions the power, including the historic one-half ceiling in the provision. The separate “presumption of advancement” is a different equitable doctrine.
adversary procedure
A procedure in which opposing parties present their evidence and arguments to an independent decision-maker. Limits or cautions: The term is descriptive. Kenyan fair-trial rights, evidence law and criminal procedure determine the actual process; judicial case management does not make the system non-adversarial.
adverse occupation
Occupation of land without the owner’s permission or another lawful basis, in circumstances that may amount to trespass or unlawful occupation. Limits or cautions: Adverse occupation is not automatically adverse possession. Adverse possession requires the statutory limitation period and the legal conditions developed under sections 7, 13 and 38 of the Limitation of Actions Act.
adverse possession
A route by which a person in open, exclusive and legally adverse possession of another’s land for the statutory period may obtain enforceable rights or title through limitation law. Limits or cautions: In Kenya the core period is twelve years under sections 7 and 13, with a court application under section 38. Uganda also recognizes adverse possession under its Limitation Act, but procedure and land-registration consequences must be checked separately.
adverse witness
A witness called by a party whose evidence turns against that party; with the court’s permission, the calling party may be allowed to ask questions normally used in cross-examination. Limits or cautions: Unfavourable evidence alone does not automatically make a witness legally “hostile”. Kenya Evidence Act gives the court discretion under section 161 and sets methods for impeaching credit in section 163.
advice on evidence
A lawyer’s written or oral professional assessment of what issues must be proved, what evidence is available, what gaps exist and what evidence should be obtained or called. Limits or cautions: This is a legal-practice expression rather than a statutory cause of action or evidence category. Professional duties, privilege and legal-aid arrangements may govern the advice.
advisory jurisdiction
Jurisdiction to give an authoritative legal opinion at the request of an authorized body without deciding a conventional dispute between claimant and defendant states. Limits or cautions: For the International Court of Justice, Article 65 of the Statute and Article 96 of the UN Charter govern advisory opinions. The EAC Treaty presently gives the EACJ interpretation/application jurisdiction under Article 27; it should not be described as having the ICJ’s general advisory-opinion jurisdiction unless a specific EAC instrument provides it.
advocacy qualification
The legal requirements a person must satisfy before acting as an advocate. Limits or cautions: The source dictionary uses an English qualification structure. East African states regulate admission and practising rights separately; requirements should be checked state by state. Professional titles, admission tests, enrolment, practising certificates and foreign-lawyer rights differ by Partner State; the term must be read with the local profession statute.
advocate
A lawyer who is legally entitled to practise as an advocate and to represent clients before courts and in legal work within the scope allowed by law. Limits or cautions: Professional titles differ across East Africa. A person with a law degree is not automatically entitled to practise; admission and a valid practising status may be required. Professional titles, admission tests, enrolment, practising certificates and foreign-lawyer rights differ by Partner State; the term must be read with the local profession statute.
Advocates-General
A European Union judicial office that has no direct counterpart in the East African Community legal order. The EACJ is composed of judges and has its own registry and procedure rather than EU-style Advocates-General delivering advisory opinions in cases. Limits or cautions: Do not describe Advocates-General as an EAC office. In an East African glossary this is best treated as a foreign institutional term unless discussing EU law comparatively. The EACJ Treaty does not create EU-style Advocates-General. The term is retained only for comparative understanding of the uploaded source list.
advowson
A historic English right to present a person to a church benefice. Limits or cautions: It should not be presented as a modern East African property right. Any church appointment or property interest depends on the relevant church constitution, trust, land law and written law. This is an English ecclesiastical-property term. No current uniform East African statutory right under this name was located in the screened EAC materials.
aequitas est quasi aequalitas
A Latin equitable maxim expressing the idea that equity generally favours equal treatment where there is no lawful reason for a different division. Limits or cautions: It is not a statute and does not override written law, constitutional rights or the terms of a valid instrument. Courts use equitable principles only within the applicable legal framework. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
affidavit
A written statement of facts that the maker swears or solemnly affirms to be true before a person legally authorised to administer the oath or affirmation. Limits or cautions: Affidavits must comply with the governing procedural rules and oath requirements. Defective commissioning, hearsay or argumentative material may affect admissibility or weight. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
affiliation order
An old English label for an order requiring a child’s father to contribute to maintenance. Limits or cautions: Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
affinity
A family relationship created by marriage between one spouse and certain relatives of the other spouse. It can matter when the law identifies relationships within which a marriage is prohibited. Limits or cautions: The prohibited degrees are defined by local marriage law and can differ between civil, customary, Islamic and other marriage regimes. Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
affirm
To make a solemn affirmation instead of taking a religious oath; in appellate use, it can also mean leaving a lower court’s decision in force. Limits or cautions: The two meanings arise in different contexts. An affirmation used for evidence has the same legal effect as an oath when made in accordance with the Oaths and Statutory Declarations Act. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
affirmative resolution
A UK parliamentary label for delegated legislation that must receive positive legislative approval. Limits or cautions: The enabling Act and the Statutory Instruments framework determine tabling, scrutiny and annulment requirements. This is a Westminster/UK delegated-legislation label, not a uniform EAC category. Each Partner State’s constitution, enabling Act and statutory-instrument procedure controls.
affray
The offence of taking part in a fight in a public place. Limits or cautions: Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
affreightment
A commercial agreement under which goods are carried by sea in return for freight. In East African maritime practice its effect depends on the contract, bills of lading, marine legislation and any applicable international carriage rules. Limits or cautions: The term is technical and is not itself a single statutory cause of action. The governing contract and carriage regime should be identified before applying English charterparty rules. Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
agency
A legal relationship in which one person is authorised to act for another and may create legal consequences for that other person when acting within actual or apparent authority. Limits or cautions: Agency is largely governed by contract, common-law and equitable principles, supplemented by statutes in particular sectors. Authority, disclosure and ratification can change liability. Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
agency workers
Workers recruited or supplied through an intermediary for work performed for another business. Their rights depend on the actual employment arrangement and the local labour and private-employment-agency rules. Limits or cautions: Employment status and labour-dispute institutions are created by national law; UK labels such as “agency workers” or ACAS should not be assumed to exist in the EAC.
agent
A person authorised to act on behalf of another person, called the principal, including in dealings with third parties. Limits or cautions: The scope of the agent’s authority matters. An agent acting outside authority may not bind the principal and may incur personal liability. Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
agent provocateur
A person who actively encourages or induces another person to commit an offence, often for the purpose of exposing or detecting the offence. Limits or cautions: The English label does not itself create a complete defence. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
age of consent
The legally relevant age or status at which a person can give valid consent to sexual activity for the purpose of the applicable criminal law. East African statutes do not use one uniform age threshold or offence structure. Limits or cautions: This differs materially from the source dictionary’s age of 16. Age thresholds and offence structures vary across East African states, so each jurisdiction must be checked separately. This is highly jurisdiction-specific. The uploaded dictionary’s age cannot be carried into East African law. The applicable penal/sexual-offences statute, definition of child, close-in-age rules (if any), and current case law must be checked state by state.
aggravated assault
A descriptive expression for a more serious assault. Limits or cautions: Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
aggravated burglary
A foreign offence label for a more serious form of burglary. Limits or cautions: Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
aggravated damages
Additional compensatory damages that may be awarded where the manner of the wrongdoing increases the claimant’s humiliation, distress or injury beyond the basic loss. Limits or cautions: They are distinct from exemplary or punitive damages. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
aggravated trespass
A UK offence label for trespass combined with specified disruptive conduct. Limits or cautions: Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
aggravated vehicle-taking
A UK-specific offence label. Limits or cautions: Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
aggregates levy
The UK name for a tax on commercial exploitation of aggregates. Limits or cautions: Rates, royalties, licences and county charges are jurisdiction-specific and should not be inferred from the UK levy. Tax terms are especially time-sensitive. A glossary definition does not establish the current rate, base, exemption, objection deadline or filing duty in any Partner State.
aggression
The use of armed force by a State against another State’s sovereignty, territorial integrity or political independence in a manner covered by the UN Charter and the UN Definition of Aggression. Limits or cautions: The UN definition guides assessment of State aggression and lists examples, but legal consequences depend on the UN Charter, customary international law and, for individual criminal responsibility, applicable international criminal law. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
agreement
A legally relevant understanding between parties. Whether it is enforceable as a contract depends on consent, capacity, consideration where required, lawful purpose and any statutory formalities. Limits or cautions: In international law, an agreement between States may be a treaty if it meets treaty-law requirements. Domestic and international meanings should not be mixed. Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
agreement for a lease
A contract by which parties commit to enter into a lease, even though the lease itself may be executed later. Limits or cautions: An English formality rule should not be assumed. Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
agrément
The prior consent of the receiving State to the person whom another State proposes to appoint as head of a diplomatic mission. Limits or cautions: Under the Vienna Convention, the receiving State is not required to give reasons for refusing agrément. This is a treaty-law concept rather than a domestic employment appointment. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
agricultural dwelling-house advisory committee (ADHAC)
A former UK advisory institution connected with agricultural tied housing. Limits or cautions: This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
agricultural holding
Land held or occupied for farming or agricultural use, including under a lease or other recognised tenure arrangement. Limits or cautions: Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
agricultural land tribunal
A UK-style specialist tribunal label. Limits or cautions: Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
agricultural property relief
The UK inheritance-tax name for relief on qualifying agricultural property. Limits or cautions: Do not import UK inheritance-tax percentages. Succession systems differ on wills, administration, matrimonial rights, customary law and inheritance shares. English probate terminology should not be treated as uniform EAC law.
aid and abet
To intentionally assist, encourage, counsel or otherwise participate in the commission of an offence so that the law may treat the participant as a principal offender. Limits or cautions: Liability depends on the statutory rules on participation, intention and connection to the offence. Assistance after the offence may fall under different offences. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
Air Defence Identification Zone (ADIZ)
A security identification area proclaimed by a State for aircraft approaching its territory, requiring specified reporting or identification measures before entry into sovereign airspace. Limits or cautions: The Chicago Convention recognises sovereignty over territorial airspace but does not itself create a universal ADIZ regime. Any East African ADIZ must be checked against national aviation notices and international-law limits. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
air-force law
The rules of military discipline, service offences, command and administration that apply to members of the air component of the national defence forces. Limits or cautions: Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
air pollution
Contamination of indoor or outdoor air by physical, chemical or biological agents that alter the natural characteristics of the atmosphere. Limits or cautions: The applicable limits depend on pollutant, source and facility. Environmental permits, pollution standards, extraction royalties and land/resource powers are national and activity-specific; no single EAC domestic rule replaces them.
airspace
The airspace above a State’s territory over which the State has complete and exclusive sovereignty under the Chicago Convention. Limits or cautions: Territory for this purpose includes land territory and territorial waters. Rules for aircraft operation are also governed by national civil-aviation law and international standards. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
alcohol treatment requirement
A UK sentencing label for compulsory alcohol treatment attached to a community sentence. Limits or cautions: Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
alderman
A historic local-government title used in some jurisdictions. Limits or cautions: Institutional names, delegated-legislation procedures, appointments, citizenship and local-government structures differ by constitution and statute; UK institutional labels are not automatically transferable.
alibi
A defence position that the accused was somewhere else at the material time and therefore could not have committed the alleged offence. Limits or cautions: The prosecution retains the burden to prove guilt beyond reasonable doubt. The weight of an alibi depends on the evidence and circumstances; it is not automatically rejected because it is raised late. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
alien
An older legal term for a person who is not a citizen of the State concerned. Limits or cautions: Modern statutes should be cited using their own terminology. Rights and immigration status vary according to the Constitution, citizenship law, permits and refugee law. Institutional names, delegated-legislation procedures, appointments, citizenship and local-government structures differ by constitution and statute; UK institutional labels are not automatically transferable.
alienable
Capable of being transferred from one person to another by a legally recognised disposition. Limits or cautions: Not every interest is freely transferable. Statutory restrictions, consent requirements, public land rules, trusts, charges and registration requirements can limit alienability. Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
alienation
The legal transfer or disposal of property or an interest in property, for example by sale, transfer, lease or other disposition. Limits or cautions: Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
alieni juris
A historical Latin expression for a person whose legal capacity is subject to another’s authority, traditionally contrasted with a person acting in their own right. Limits or cautions: Capacity questions should be answered under current laws on majority, children, mental capacity and guardianship. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
alimentary trust
A trust arrangement intended to provide maintenance or support for a beneficiary while protecting the fund under the terms of the trust. Limits or cautions: The trust instrument, Trustee Act principles, succession law and any court order determine the beneficiary’s rights. Succession systems differ on wills, administration, matrimonial rights, customary law and inheritance shares. English probate terminology should not be treated as uniform EAC law.
alimony
Financial support ordered or agreed for a spouse or former spouse. Limits or cautions: Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
allegation
A factual assertion made in pleadings, a charge, affidavit or other legal process that still has to be admitted or proved according to the applicable rules. Limits or cautions: An allegation is not evidence merely because it is stated. Burdens of pleading and proof vary between civil and criminal cases. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
allegiance
A public-law idea of loyalty owed to the State, especially by citizens, reflected in citizenship, constitutional and oath obligations. Limits or cautions: Institutional names, delegated-legislation procedures, appointments, citizenship and local-government structures differ by constitution and statute; UK institutional labels are not automatically transferable.
allocation
A case-management decision about how a court matter will proceed, including the court, judge, timetable or procedural directions applicable to it. Limits or cautions: Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
allocation questionnaire
A former English case-management form used to help assign a civil claim to a procedural track. Limits or cautions: Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
allotment
The process by which a company gives a person an unconditional right to be entered in the register of members for specified shares. Limits or cautions: Directors must act within statutory authority; the company must register the allotment and file the required return. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
alluvion
A gradual and imperceptible increase of land caused by deposits from a river, lake or sea. Limits or cautions: The common-law label does not by itself determine ownership. Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
alteration
A change made to the wording or terms of a legal document after it has been prepared or executed. Limits or cautions: The effect depends on the document and law. Unauthorised material alterations can affect enforceability, but correction or amendment may be permitted by statute or agreement. Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
alteration of share capital
A statutory change to the structure or amount of a company’s share capital, such as a permitted reduction, consolidation, subdivision or other reorganisation. Limits or cautions: The Companies Act uses specific procedures for different changes. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
alternative dispute resolution (ADR)
Processes used to resolve disputes outside a full court trial, including reconciliation, mediation, arbitration and traditional dispute-resolution mechanisms where lawful. Limits or cautions: The Constitution encourages ADR, but an ADR process cannot contravene the Bill of Rights, written law, morality or justice. Some disputes also have mandatory statutory procedures. Arbitrability, form of arbitration agreements, court support, challenges and enforcement differ across East African jurisdictions; national law and applicable treaty obligations must be checked.
alternative finance arrangements
Financing structures designed to achieve commercial funding without conventional interest, including products structured for Islamic finance. Limits or cautions: UK tax rules on alternative finance do not apply automatically. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
Alternative Investment Market (AIM)
A United Kingdom growth-market name. It is not the name of a common East African securities market; EAC Partner States regulate public offers, exchanges and market operators under their own capital-markets laws. Limits or cautions: AIM is a UK market name. No EAC-wide market with that title was located in the reviewed official sources; use the licensed exchange and capital-markets rules of the relevant Partner State.
alternative verdict
A conviction for a legally included or lesser offence when the evidence does not prove every element of the offence charged but proves the lesser offence. Limits or cautions: The power is statutory. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
ambiguity
Uncertainty in words or a legal document because the language can reasonably bear more than one meaning. Limits or cautions: Whether outside evidence may be used depends on the document and the Evidence Act. Courts first read the text in its legal and factual context. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
ambulatory
In wills law, describing a will as operating on the testator’s death, while remaining capable of revocation or alteration during the testator’s lifetime subject to law. Limits or cautions: The validity, alteration and revocation of wills are governed by the Law of Succession Act; the old common-law label does not displace those rules. Succession systems differ on wills, administration, matrimonial rights, customary law and inheritance shares. English probate terminology should not be treated as uniform EAC law.
ameliorating waste
A traditional property-law expression for a tenant’s substantial change to leased property that increases rather than reduces its value. Limits or cautions: An improvement can still breach a lease if unauthorised. Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
amendment
A formally authorised change that adds to, removes or modifies an existing law, constitution, pleading, contract or other legal instrument. Limits or cautions: Different instruments have different amendment procedures. Constitutional amendments, statutes and court pleadings cannot be amended in the same way. Institutional names, delegated-legislation procedures, appointments, citizenship and local-government structures differ by constitution and statute; UK institutional labels are not automatically transferable.
a mensa et thoro
A historical ecclesiastical-law form of separation that did not dissolve the marriage. Limits or cautions: The available remedy depends on the Marriage Act and the marriage system involved. Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
amicus curiae
A non-party allowed or invited by a court to assist with impartial legal, technical or public-interest submissions relevant to a case. Limits or cautions: An amicus is not a party and ordinarily should not take over a party’s case. Admission and scope are controlled by the court’s rules and directions. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
amnesty
A broad public measure that forgives or removes criminal consequences for a defined group or category of conduct, usually by legislation or lawful executive process. Limits or cautions: A presidential pardon under Article 133 is not automatically the same as a general amnesty. The legal instrument must specify who and what it covers. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
Amsterdam Treaty
A European Union treaty that amended the EU treaties and has no direct force as East African Community law. Limits or cautions: For East African regional integration, the relevant primary instrument is the Treaty for the Establishment of the East African Community and its protocols, not the Amsterdam Treaty. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
analytical jurisprudence
A school of legal thought concerned with identifying and analysing the structure, concepts and operation of law, such as rules, rights, duties, validity and legal systems. Limits or cautions: This is an academic jurisprudential method, not a statutory rule. It can inform legal analysis but does not itself decide a case. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
ancient lights
An English property term for a prescriptive easement protecting access to light after long enjoyment. Limits or cautions: Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
ancillary credit business
A UK regulatory label covering activities around consumer credit, such as credit brokerage, debt collection or debt advice. Limits or cautions: The licensing authority and duties depend on the activity. Do not import the UK Consumer Credit Act classification. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
ancillary probate
A supplementary succession process used where a deceased person’s estate includes assets in another jurisdiction and a foreign grant must be recognised or resealed locally before those assets can be administered. Limits or cautions: Succession systems differ on wills, administration, matrimonial rights, customary law and inheritance shares. English probate terminology should not be treated as uniform EAC law.
ancillary relief
A supporting court order made alongside a main matrimonial or family proceeding, for example maintenance, property adjustment, custody or other consequential relief. Limits or cautions: Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
annulment
A court remedy that treats a marriage as invalid because statutory conditions for validity were not met or a recognised ground of nullity exists. Limits or cautions: Nullity is different from divorce, which ends a valid marriage. Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
annus et dies
A medieval common-law time period used in old English property and criminal rules. Limits or cautions: Treat it as legal history unless a current statute or instrument expressly uses the period. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
answer
A party’s formal response to allegations made in a petition or claim. Limits or cautions: The correct document name, filing time and contents depend on the court and procedural rules. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
antecedents
Information about an offender’s prior convictions, character and relevant background that a court may consider when deciding an appropriate sentence. Limits or cautions: Prior bad character is not automatically admissible to prove guilt. Sentencing material is considered after conviction under the applicable procedural and evidential rules. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
antenuptial settlement
An agreement or settlement made before marriage dealing with ownership or division of property between future spouses. Limits or cautions: Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
anti-avoidance provisions
Statutory rules that allow the revenue authority or courts to disregard, recharacterise or counter arrangements whose main effect is to obtain a tax advantage contrary to the tax legislation. Limits or cautions: The exact test is tax-specific. Legitimate tax planning and unlawful evasion are different from avoidance rules, and current Finance Acts can amend the regime. Tax terms are especially time-sensitive. A glossary definition does not establish the current rate, base, exemption, objection deadline or filing duty in any Partner State.
anticipatory breach
A contract breach that occurs when, before the performance date, one party clearly shows by words or conduct that it will not perform a substantial obligation. Limits or cautions: The innocent party’s remedies depend on contract law, the terms of the agreement and whether the repudiation is accepted. Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
anticipatory self-defence
A claim that a State may use force in self-defence before an anticipated armed attack actually occurs. Limits or cautions: Article 51 expressly refers to self-defence if an armed attack occurs. The extent, if any, of a customary right to anticipatory action remains legally contested and is subject to necessity and proportionality arguments. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
anticompetitive practice
An agreement, decision, concerted practice or business conduct that has the object or effect of preventing, distorting or lessening competition and falls within the statutory prohibition. Limits or cautions: Not every restriction is unlawful. Exemptions, market definition, dominance and effects are assessed under the Competition Act and, for cross-border conduct, the EAC framework may also matter. Competition regimes overlap where conduct has cross-border EAC effects. Dominance is not itself unlawful; each national and regional statute defines prohibited conduct and jurisdiction.
antidumping
Trade-remedy rules allowing action against imported products sold below normal value when the legal requirements for dumping, material injury and causation are met. Limits or cautions: Within the EAC Customs Union, Article 16 recognises anti-dumping measures. WTO rules also govern investigations and duties for WTO Members; a low import price alone is not enough. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
antisocial behaviour order
A former UK court order aimed at preventing specified antisocial conduct. Limits or cautions: This is a UK order name, not a uniform EAC remedy. Local preventive and public-order measures differ by Partner State.
antitrust law
The body of law controlling restrictive agreements, abuse of market power, mergers and other conduct that harms competition. Limits or cautions: Cross-border conduct may engage both national competition law and the East African Community competition framework. Competition regimes overlap where conduct has cross-border EAC effects. Dominance is not itself unlawful; each national and regional statute defines prohibited conduct and jurisdiction.
Anton Piller order
A powerful ex parte court order requiring a defendant to permit entry to specified premises so evidence or property can be inspected and preserved where there is a serious risk of destruction. Limits or cautions: Because it is intrusive, courts require strict safeguards and full disclosure. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
apology
A statement expressing regret or acknowledging error. In defamation disputes, an apology can form part of an offer of amends and may affect remedy or damages in the circumstances set by law. Limits or cautions: An apology does not automatically erase liability, and its legal effect depends on timing, content and the statutory or settlement framework. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
appeal
A statutory request to a higher court or tribunal to review a lower decision on the grounds and within the time allowed by law. Limits or cautions: There is no general right of appeal outside statute or the Constitution. Some appeals are limited to questions of law and may require permission. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
appeal in revenue matters
A challenge to an appealable tax decision brought through the statutory tax-objection and Tax Appeals Tribunal process, with further appeals to the courts as allowed by law. Limits or cautions: The taxpayer must follow objection, filing, payment and time-limit requirements. Appeals from the Tribunal and High Court may be restricted to questions of law. Tax terms are especially time-sensitive. A glossary definition does not establish the current rate, base, exemption, objection deadline or filing duty in any Partner State.
Appeal Tribunal
A tribunal created by legislation to hear appeals in a defined subject area. Limits or cautions: Jurisdiction comes from the statute establishing the particular tribunal. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
appellant
A party who has filed an appeal against a decision in a court or tribunal that has legal authority to hear it. Limits or cautions: The person becomes an appellant only within the applicable appellate process and must comply with standing, form and time requirements. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
Appellate Committee
The former judicial committee of the UK House of Lords. It has no direct East African equivalent and ceased to be the United Kingdom’s final court when the UK Supreme Court began work in 2009. Limits or cautions: East African states have their own supreme or appellate courts, while the EACJ has a First Instance Division and Appellate Division under EAC law. This is a historical UK institutional label. EAC Partner States have their own Supreme Courts, Courts of Appeal or equivalent structures; the EACJ also has its own appellate arrangements under the Treaty.
appellate jurisdiction
The authority given to a court or tribunal to review decisions made by a lower court, tribunal or decision-maker. Limits or cautions: The scope is defined by the Constitution and statute and may be limited by subject matter, grounds, monetary value or leave requirements. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
applicable law
The legal system or set of legal rules that governs the substance of a transaction, dispute or issue after applying the relevant choice-of-law rules. Limits or cautions: Choice of law is distinct from jurisdiction. Party choice may be limited by mandatory statutes, public policy and the forum’s conflict rules. Arbitrability, form of arbitration agreements, court support, challenges and enforcement differ across East African jurisdictions; national law and applicable treaty obligations must be checked.
applicant
A person who makes a formal application to a court, tribunal or public authority for an order, permission, remedy or other decision. Limits or cautions: The correct title can vary by proceeding: claimant, petitioner, appellant or accused may be used instead. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
applying the proviso
An older appellate expression for refusing to overturn a decision despite an error where the governing statute’s saving provision allows the result to stand. Limits or cautions: This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
appoint
To select and formally place a person in an office, role or legal function under the authority of a constitution, statute, company instrument or other lawful power. Limits or cautions: Valid appointment depends on the correct appointing authority, qualifications, procedure and any required approval or gazettement. Institutional names, delegated-legislation procedures, appointments, citizenship and local-government structures differ by constitution and statute; UK institutional labels are not automatically transferable.
appointee
A person selected or designated under a lawful power of appointment to hold an office, receive an interest or perform a function. Limits or cautions: The term is context-dependent. Public-office appointees and beneficiaries of private powers of appointment are governed by different rules. Institutional names, delegated-legislation procedures, appointments, citizenship and local-government structures differ by constitution and statute; UK institutional labels are not automatically transferable.
appointment
The legal act by which a person is designated to an office, role or beneficial interest under a valid authority. Limits or cautions: Requirements vary widely. Public appointments may require constitutional procedures; private appointments depend on the creating instrument and trust or property law. Institutional names, delegated-legislation procedures, appointments, citizenship and local-government structures differ by constitution and statute; UK institutional labels are not automatically transferable.
apportion
To divide money, property, liability or another legal burden among persons or periods in stated shares or proportions. Limits or cautions: The correct apportionment rule comes from the governing statute, agreement, court order or trust instrument. Succession systems differ on wills, administration, matrimonial rights, customary law and inheritance shares. English probate terminology should not be treated as uniform EAC law.
appropriation
The legal authority given by legislation for public money to be withdrawn and spent for specified government purposes. Limits or cautions: Public funds cannot be spent merely because an agency wants to spend them. Constitutional and statutory budget, appropriation and accountability controls apply. Tax terms are especially time-sensitive. A glossary definition does not establish the current rate, base, exemption, objection deadline or filing duty in any Partner State.
ancillary restraint
A contractual restriction that is subordinate to and reasonably connected with a broader lawful transaction, such as a merger or sale of a business. Limits or cautions: Its legality depends on necessity, scope, duration and competitive effect. A restraint that goes beyond what is reasonably needed may breach competition law. Competition regimes overlap where conduct has cross-border EAC effects. Dominance is not itself unlawful; each national and regional statute defines prohibited conduct and jurisdiction.
angary
A historical law-of-war doctrine concerning a belligerent State’s temporary use or requisition of neutral property in exceptional necessity. Limits or cautions: The doctrine is narrow, controversial in modern application and subject to international humanitarian law, neutrality rules and compensation principles. It is not a general domestic power. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
animals
Animals are subject to different legal regimes depending on whether they are wildlife, livestock, domestic animals or animals used in research, transport or food production. Limits or cautions: There is no single universal legal classification matching the source dictionary. Environmental permits, pollution standards, extraction royalties and land/resource powers are national and activity-specific; no single EAC domestic rule replaces them.
animus
A Latin word for intention or mental purpose, used in legal phrases to identify a required state of mind. Limits or cautions: The Latin label is only shorthand. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
annexation
An assertion by one State that territory belonging to another State has become part of its own territory. Acquisition of territory through unlawful force is contrary to the UN Charter framework. Limits or cautions: Occupation and annexation are not the same. Modern international law does not recognise a lawful territorial title merely because territory was seized by force. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
annual general meeting (AGM)
The yearly general meeting that a public company must hold within the statutory period to conduct member business and accountability functions. Limits or cautions: Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
annual return
A prescribed annual filing that updates the Registrar on specified information about a registered company. Limits or cautions: An annual return is not the same as financial statements and is not ordinarily the vehicle for every company change. Filing duties and forms can be amended by regulation. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
annual value of land
A valuation concept measuring the annual value attributed to land or premises for rating or related statutory purposes. Limits or cautions: Current county rating must be checked under the National Rating Act and applicable valuation roll rather than older English formulas. Land tenure, registration, customary rights, alienation and lease formalities are jurisdiction-specific. Similar English terms can carry different statutory consequences in each Partner State.
annuity
A right or arrangement under which fixed or variable payments are made at regular intervals for life or for a stated period. Limits or cautions: Tax, pension, insurance and succession consequences depend on the instrument creating the annuity and the sector-specific legislation. Succession systems differ on wills, administration, matrimonial rights, customary law and inheritance shares. English probate terminology should not be treated as uniform EAC law.
arbitration
A process in which parties submit a dispute to one or more arbitrators for a binding decision instead of having the dispute finally determined in ordinary court litigation. Limits or cautions: Arbitration depends on a valid agreement and remains subject to the limited court powers and public-policy controls in the Arbitration Act. Arbitrability, form of arbitration agreements, court support, challenges and enforcement differ across East African jurisdictions; national law and applicable treaty obligations must be checked.
arbitration agreement
An agreement by parties to refer all or specified disputes between them to arbitration, whether the disputes already exist or may arise later. Limits or cautions: The Arbitration Act requires the agreement to be in writing in the statutory sense. Invalid, inoperative or incapable agreements may not be enforced. Arbitrability, form of arbitration agreements, court support, challenges and enforcement differ across East African jurisdictions; national law and applicable treaty obligations must be checked.
arbitration clause
A term in a contract that requires disputes within its scope to be resolved by arbitration. Limits or cautions: The clause is treated as an arbitration agreement if it satisfies section 4. Its scope, seat, chosen rules and separability should be checked from the contract. Arbitrability, form of arbitration agreements, court support, challenges and enforcement differ across East African jurisdictions; national law and applicable treaty obligations must be checked.
archipelago
Under UNCLOS, a group of islands, parts of islands, connecting waters and natural features that are so closely interrelated that they form an intrinsic geographical, economic and political entity or have historically been regarded as one. Limits or cautions: The special rules for an “archipelagic State” apply only where UNCLOS conditions are met. Most EAC Partner States are not archipelagic States. Regional membership does not by itself make every international treaty binding on every Partner State. Ratification/accession and domestic effect must be checked for the specific instrument and State.
Area Child Protection Committees
A former UK institutional label for multi-agency child-protection coordination. Limits or cautions: The responsible organ depends on the current Children Act and national/county child-protection structure. Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
argumentative affidavit
An affidavit that goes beyond stating admissible facts and argues the legal merits, draws conclusions or makes submissions that properly belong in grounds or written submissions. Limits or cautions: Courts may disregard or strike objectionable material. Affidavits should comply with the procedural rule requiring facts within the deponent’s knowledge, subject to permitted exceptions. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
armchair principle
A common-law method of interpreting a will by placing the court, so far as law permits, in the testator’s position and considering relevant circumstances known when the will was made. Limits or cautions: It cannot be used to rewrite a will or defeat clear statutory succession rules. Succession systems differ on wills, administration, matrimonial rights, customary law and inheritance shares. English probate terminology should not be treated as uniform EAC law.
arraign
To place an accused person before a competent criminal court, state the charge and require a plea in accordance with the applicable procedure. Limits or cautions: The accused must understand the charge and receive a fair trial. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
arrangement
A planned legal arrangement among a company, its members or creditors, or more generally a structured agreement allocating rights and obligations. Limits or cautions: In company law, schemes or compromises require the statutory procedure and, where applicable, court or member/creditor approval. The word has no single legal effect outside context. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
array
A jury-law term referring to the panel or list of jurors summoned for trial. Limits or cautions: This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
arrest
The lawful restraint of a person’s freedom so that the person is held by police or another authorised person for a purpose allowed by law, such as investigation or bringing the person before court. Limits or cautions: Arrest powers are limited by the Constitution and statute. An arrested person has Article 49 rights, including information on the reason for arrest and prompt court appearance. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
arrestable offence
A former UK statutory category. Limits or cautions: This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
arrested development
An outdated expression formerly used in some mental-health statutes for incomplete intellectual development. Limits or cautions: Avoid using this phrase as a current diagnosis or statutory category. Current medical terminology and the Mental Health Act should be used. This is a foreign, historical or system-specific expression. It is retained because it appears in the uploaded term list, but local EAC legislation should be cited for any real dispute.
arrived ship
A charterparty concept used to decide when a vessel has reached the contractually required place so that notice and laytime obligations can begin. Limits or cautions: The answer depends primarily on the charterparty, port terms and applicable maritime law. Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
arson
The felony of wilfully and unlawfully setting fire to specified property such as a building, vessel, stack or mine. Limits or cautions: Reckless damage by fire may engage other offences depending on the facts. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
article
A numbered provision in a constitution, treaty or other legal instrument; in company law, “articles” means a company’s articles of association. Limits or cautions: Meaning depends on context. An “Article” of a treaty is not the same as a company’s articles or a journal article. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
Article 81
A former European Community Treaty provision prohibiting anticompetitive agreements. Limits or cautions: The EU provision was renumbered and its legal context is different. This is a former EU/EC Treaty numbering. East African competition questions should be analysed under the EAC Competition framework and the applicable national competition statute, not former EC Article 81.
Article 82
A former European Community Treaty provision addressing abuse of a dominant position. Limits or cautions: This is a former EU/EC Treaty numbering. Abuse-of-dominance questions in East Africa are governed by the EAC and national competition regimes; Rwanda, Uganda and Tanzania each have their own statutory frameworks.
article 234 reference
The former EC Treaty procedure by which national courts referred questions of EU law to the European Court of Justice. The EAC system has its own reference mechanism allowing national courts to seek a preliminary ruling from the East African Court of Justice on interpretation or application of EAC law. Limits or cautions: The EU and EAC procedures are not identical. In East Africa, the governing source is the EAC Treaty and EACJ rules, not former EC Article 234. The closest regional analogue is Article 34 of the EAC Treaty, which permits or requires a national court or tribunal to request an EACJ preliminary ruling where interpretation or application of EAC law is necessary for judgment. The former EC Article 234 procedure is not itself EAC law.
articles of association
The written rules forming part of a company’s constitution and governing matters such as internal management, member rights and director procedures, subject to the Companies Act. Limits or cautions: The articles cannot override mandatory company legislation. Companies may adopt model articles or customised articles within the statutory framework. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
artificial insemination
A reproductive medical procedure in which sperm is introduced into a person’s reproductive system by clinical or assisted means rather than sexual intercourse. Limits or cautions: Parentage, consent, professional standards and assisted-reproduction regulation are jurisdiction-specific. Marriage, prohibited relationships, parentage, maintenance and child-protection rules differ sharply across civil, customary, religious and statutory regimes in the EAC; the applicable personal-law framework must be identified.
artificial person
An organisation that the law recognises as a legal person distinct from the natural individuals behind it, such as a registered company. Limits or cautions: Separate personality is subject to the statute creating or recognising the entity. Not every association or business name is a separate legal person. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
ASBO
The abbreviation for the former UK Anti-Social Behaviour Order. Limits or cautions: The UK acronym should be identified as foreign law. ASBO is a UK acronym, not an EAC-wide order. Local public-order, child-protection, domestic-violence, nuisance or preventive remedies must be identified from national law.
ascertained goods
Goods that have been specifically identified as the goods to which a sale contract relates, so that rules on transfer of property can apply to those identified goods. Limits or cautions: Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
assault
An unlawful application or threat of force falling within the assault or violence offences created by the applicable penal law. The precise offence name, injury threshold and mental element depend on the jurisdiction. Limits or cautions: English common-law distinctions between assault and battery should not replace the Penal Code wording used for the charge. More serious injuries may constitute grievous harm or other offences. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
assault by penetration
A system-specific sexual-offence label for unlawful sexual penetration with a body part or object. EAC Partner States use different offence names, age rules and statutory definitions, so the local sexual-offences or penal statute controls. Limits or cautions: Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
assault of a child under 13 by penetration
A UK-specific offence label. Limits or cautions: The exact age of the child and the statutory definition of penetration are critical. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
assault with intent to resist arrest
Assault or violence directed at a person carrying out a lawful arrest, with the purpose of resisting or preventing that arrest. Limits or cautions: The specific section charged must be identified rather than importing an English offence title. Criminal labels and elements are not uniform across the EAC. The local penal code, criminal-procedure statute, constitutional fair-trial guarantees and current case law control.
Assembly of the European Communities
A historical European institutional term associated with the body that became the European Parliament. It has no institutional role in East African Community law. Limits or cautions: For East Africa, use the East African Legislative Assembly when referring to the EAC’s regional legislative organ. This is a historical European institutional term. The regional legislative organ in the EAC is the East African Legislative Assembly (EALA), established under the EAC Treaty.
assent
In succession, a formal act by personal representatives transferring estate property to the beneficiary entitled to it; in public law, “assent” can also mean formal approval of legislation. Limits or cautions: The context must be stated. Succession systems differ on wills, administration, matrimonial rights, customary law and inheritance shares. English probate terminology should not be treated as uniform EAC law.
assent procedure
A former European Union legislative procedure under which the European Parliament had to approve certain measures. It is not an East African Community legislative procedure. Limits or cautions: EAC legislation follows the Treaty and EALA procedures, including Bills, assent and publication under EAC law. This is a historical EU legislative-procedure label. EAC legislation and Partner-State legislation follow their own treaty or constitutional enactment and assent procedures.
assessment
A formal determination of an amount due, most commonly a tax assessment by the revenue authority; the word can also describe valuation or quantified legal costs in other contexts. Limits or cautions: The procedure for objecting or appealing depends on the type of assessment. Tax assessments follow the Tax Procedures Act and Tax Appeals Tribunal framework. Tax terms are especially time-sensitive. A glossary definition does not establish the current rate, base, exemption, objection deadline or filing duty in any Partner State.
assessment of costs
The judicial or registry process of determining how much one party must pay another for legal costs after the court has made the relevant costs order. Limits or cautions: Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
assessor
A person with specialised expertise who is appointed or called under lawful authority to assist a court or tribunal on technical matters without replacing the judicial decision-maker. Limits or cautions: Whether assessors may be used, and their role, depends on the particular statute and court. Historical assessor systems should not be assumed to apply generally. Court terminology and routes of appeal vary substantially among civil-law, common-law and mixed EAC systems; use the procedural code and court structure of the forum.
assets
Money, land, goods, shares, debts, intellectual property and other rights or resources having economic value that belong to a person or legal entity. Limits or cautions: What counts as an asset can vary for accounting, tax, insolvency, matrimonial property and succession. Liabilities and encumbrances must be considered separately. Company forms, filing duties and capital rules differ across East African jurisdictions and must be checked under the governing national law.
assignment
A legal transfer by which one person passes a transferable contractual, debt, lease or property right to another person. Limits or cautions: Formalities depend on what is assigned. Land, leases, debts, insurance rights and intellectual-property rights can require different written notices, consents or registration. Contract and commercial terminology differs across East African jurisdictions. Contract text and mandatory local law should be checked.
assignment
An assignment is a transfer of an existing legal right or interest from one person to another. Uganda’s landlord and tenant legislation expressly defines assignment as transfer of the rights or interest in a tenancy. Limits or cautions: Uganda supplies a direct statutory tenancy meaning. Rwanda and South Sudan official materials were also checked for representation and transfer mechanisms, but no single EAC-wide statutory definition of “assignment” was found. The formalities depend on what is being transferred. A tenancy assignment may require the landlord’s written consent, while intellectual property and other rights may have separate writing or registration rules. The source dictionary entry begins mid-definition, so its missing opening words were not used to supply this definition.
assize
Historically, an assize was a travelling or circuit sitting of a superior court. In the East African materials reviewed, modern superior courts are organised through permanent courts, stations, registries or circuits rather than a single regional institution called an assize. Limits or cautions: The term is historical or comparative, not a current EAC-wide court label. Uganda provides for High Court sittings and circuits, while Tanzania and other Partner States use their own court and registry structures. Use the current court-organisation law of the relevant state.
associated operations
A practical label for two or more connected transactions whose legal or tax effect may need to be considered together rather than separately. Limits or cautions: No uniform EAC statutory term was located. Kenya tax legislation provides the clearest modern analogue through transaction, scheme and arrangement concepts. The exact UK inheritance-tax term in the source dictionary is not a general East African statutory concept. Kenya tax law instead uses concepts such as a “transaction”, “scheme” or “arrangement” for tax avoidance. The applicable tax statute determines whether connected steps are aggregated.
association agreement
An agreement creating an organised legal relationship of cooperation between states, a regional organisation and another state or organisation, with rights, duties and institutional arrangements fixed by the instrument. Limits or cautions: EAC Treaty and EACJ materials were checked. “Association agreement” is not an EAC term of art equivalent to the EU concept; the governing instrument must be identified. The expression in the source dictionary is tied to European Union law and should not be treated as an EAC term of art. EAC external relations and cooperation must be traced to the EAC Treaty, protocols and the specific agreement in question.
assurance
Assurance, especially life assurance, is an older or parallel label for life insurance. Tanzania's Insurance Act regulates life policies whose benefits depend on the life, death, disability or other stated life contingencies of the person insured. Limits or cautions: Modern statutes may prefer the word “insurance” even where older legislation or commercial usage says “assurance”. The label should therefore be read with the class of business and the wording of the governing Act; Kenya and other Partner States use their own insurance classifications.
assured agricultural occupancy
A United Kingdom tenancy label for certain agricultural workers occupying employer-linked housing. It is not a current Ugandan statutory tenancy category. Limits or cautions: No current equivalent statutory tenancy category was located in the checked Rwanda, Tanzania, Burundi or South Sudan materials. Uganda expressly excludes some employment-linked occupancy from its general landlord-and-tenant regime. That makes the UK “assured agricultural occupancy” label particularly unsafe to transplant. Other EAC states have their own labour, land and tenancy regimes.
assured shorthold tenancy
An assured shorthold tenancy is a United Kingdom statutory residential-tenancy category with its own possession and security-of-tenure rules. It is not a general tenancy class in the East African laws reviewed. Limits or cautions: Do not import the UK label or its notice periods into East African disputes. Burundi regulates locally defined leases, including commercial leases under its Commercial Code; Uganda uses the Landlord and Tenant Act 2022; Rwanda applies its own contract, property and housing rules. The applicable national regime controls.
assured tenancy
An assured tenancy is a United Kingdom statutory tenancy category combining market rent with specified security of tenure. No equivalent EAC-wide tenancy category was located in the reviewed national laws. Limits or cautions: Use the locally defined lease or tenancy rules instead of the UK classification. Burundi has a statutory framework for commercial leases; Uganda recognises tenancies under its 2022 Landlord and Tenant Act; Rwanda applies its own contract and property rules. Similar words do not make the legal consequences identical.
asylum
Asylum is protection sought or granted to a person who is outside the protection of their country and satisfies the applicable refugee or complementary-protection rules. Rwanda, Kenya, South Sudan and Burundi each regulate refugee or asylum protection through national law alongside applicable international and African refugee instruments. Limits or cautions: Status determination, exclusion, documentation, rights and appeal procedures differ by state. Rwanda Law 13TER/2014 expressly regulates asylum seekers; Kenya has the Refugees Act 2021; South Sudan has the Refugee Act 2012; Burundi has its own refugee and asylum legislation. The incomplete source-dictionary entry was not used to reconstruct a missing rule.
attendance centre
“Attendance centre” is a United Kingdom sentencing label for structured attendance at a centre. South Sudan does not use that title as a general child sentence; its Child Act instead authorises child-specific sanctions, with non-custodial sentencing preferred where possible. Limits or cautions: South Sudan's Child Act lists measures such as reconciliation, compensation or restitution, apology, caution, probation and reformatory placement. Those local sanctions should not be treated as identical to a UK attendance-centre order. Other EAC states use their own child-justice and diversion measures.
attestation
Attestation is the witnessing of the execution or signature of a legal document by a person whose presence or signature helps establish that the document was duly executed. Tanzanian probate procedure expressly uses attesting-witness verification when a will is proved. Limits or cautions: The number and qualifications of witnesses, and the effect of defective attestation, depend on the document and jurisdiction. Tanzania's Probate Rules address attesting witnesses for wills; the same rules should not automatically be applied to deeds, affidavits, powers of attorney or company instruments.
attorney
An attorney, in the agency sense, is a person authorised by another person to perform specified legal acts under a power of attorney. Rwanda, South Sudan and Uganda all recognise such authorised representation, although the formality rules differ. Limits or cautions: This meaning is different from the constitutional office of Attorney General and does not automatically mean “lawyer”. Rwanda permits a notary to certify a power of attorney; South Sudan evidence law presumes properly authenticated powers of attorney; Uganda has additional rules for powers used in registered-land transactions.
Attorney General
The Attorney General is Tanzania's senior state law officer, exercising constitutional and statutory legal functions for Government, including legal advice, representation and supervision of specified government legal work. Limits or cautions: The office exists across several EAC states but its powers are not identical. Tanzania's constitutional and statutory framework should be used for Tanzanian matters; Uganda and Kenya allocate some functions differently, especially in relation to public prosecutions.
attornment
Attornment is an acknowledgment that possession or holding is now recognised on behalf of another person. Ugandan legislation historically used the term for an agreement giving a creditor a power of distress as security. Limits or cautions: The current East African portals checked did not reveal a broadly used modern statutory doctrine under this name. Uganda’s historical chattels legislation provides a traceable use, but current transactions should be tested against modern secured-transactions and property law. The cited Chattels Transfer Act text is historical and the official PDF records the Act as repealed. The term should therefore be used cautiously in current Ugandan transactions and checked against present secured-transactions, tenancy and property legislation.
auction
An auction is a sale process in which property is offered for competitive bidding and disposed of under the applicable auction, execution, public-asset or sale-of-goods rules. The governing national law determines notice, bidding, licensing, reserve rules and when the sale becomes binding. Limits or cautions: The concept is directly used across several Partner States but the procedures differ. Rwanda requires public auction for specified state private assets; Tanzania regulates auctioneers; Kenya regulates completion and bidding in sale-of-goods auctions; Burundi uses public and judicial auction procedures under its own legislation.
auction ring
An auction ring is a collusive arrangement in which bidders agree not to compete genuinely so that a sale or tender can be obtained on artificially favourable terms. Limits or cautions: Kenya provides the clearest modern treatment through bid-rigging and collusive-practice rules. Tanzania’s Auctioneers Act separately regulates seller bidding and auction conduct; terminology is not uniform. The historical UK offence label is not the main modern Kenyan formulation. Kenyan anti-corruption and procurement law instead prohibits bid rigging and collusive practices, including inducements not to bid and agreements that create artificial, non-competitive prices.
audi alteram partem
Audi alteram partem means that a person affected by a judicial or administrative decision should be given a fair opportunity to know and answer the case against them before an adverse decision is made. Limits or cautions: The principle is strongly regional but operates through each forum's own constitutional, statutory and procedural rules. EACJ authorities apply the maxim; Tanzanian courts treat denial of a hearing as a natural-justice violation; Kenya protects fair administrative action and fair hearing. It does not displace lawful procedural deadlines.
Audit Commission
“Audit Commission” is a former United Kingdom institutional label. South Sudan's constitutional public-audit institution is the National Audit Chamber, headed by the National Auditor General, which audits public bodies and oversees public-sector financial accountability. Limits or cautions: Do not use “Audit Commission” as a generic East African title. Kenya, Uganda, Rwanda, Tanzania and Burundi have differently named audit institutions, while South Sudan's Constitution expressly establishes the National Audit Chamber. Institutional powers must be taken from the relevant constitution and audit legislation.
audit exemption
An audit exemption is a statutory rule under which a qualifying entity is excused from an audit or auditor-appointment requirement that would otherwise apply. South Sudan's Companies Act creates special treatment for small private companies. Limits or cautions: Eligibility is jurisdiction- and entity-specific. South Sudan's Companies Act identifies small private companies and excludes specified requirements, including auditor-related requirements, subject to the statutory criteria. Kenya and other EAC states use different thresholds and exemptions, which should not be imported across borders.
auditor
An auditor is a legally qualified or approved person or firm that independently examines financial statements, records or public accounts and reports in accordance with the governing legal and professional standards. Limits or cautions: The concept is shared, but qualification and appointment rules are national. Rwanda regulates accreditation of external auditors; Tanzania company law regulates auditors' duties; South Sudan's Companies Act contains company-audit rules; Burundi legislation uses the civil-law term commissaire aux comptes in relevant company and public-entity settings.
authentication
Authentication is the treaty-law step by which the negotiating states establish the text of a treaty as authentic and definitive before or alongside the process by which states consent to be bound. Limits or cautions: The treaty-law meaning comes from the Vienna Convention rather than a national EAC definition. National treaty procedures and ratification status must be checked separately. Authentication is not the same as signature, ratification, accession or domestic implementation. Article 10 of the Vienna Convention on the Law of Treaties sets the authentication rule. Treaty-party status to the Vienna Convention should be checked state by state when it matters to a legal opinion.
authority
“Authority” can mean lawful power to act, the public body that holds that power, or a legal source such as a statute or judicial decision relied on to support a proposition. Limits or cautions: The EAC Treaty and national constitutions/statutes use authority in institutional and power-conferring senses. Whether a case is binding authority remains jurisdiction-specific. The meaning must be taken from context. East African statutes frequently define particular “Authorities” as institutions, while constitutional and administrative law ask whether a decision-maker had lawful authority. In legal writing, a case may be “authority” without being binding in every jurisdiction.
authorized capital (nominal capital)
For modern Burundian company law, the closest concepts are the company's social or share capital and the nominal value of its securities. The social capital is made up of members' contributions, divided into securities of equal value, with the nominal value fixed by the company's statutes. Limits or cautions: The older English idea of a universal “authorised share capital” ceiling should not be assumed to apply in the same way. Burundi's Companies Code requires the capital to be fixed and fully subscribed and regulates increases and reductions; sector-specific laws may impose minimum capital.
authorized investments
Authorised investments are investments that a trustee is permitted to make under the trust instrument or under applicable law. Limits or cautions: Uganda provides a direct statutory trustee-investment framework. No uniform EAC list of trustee-authorised investments was located. Uganda’s Trustees Act expressly defines the term and lists statutory investment categories. The list reflects its own statutory history and should not be assumed to match Kenya, Tanzania or newer investment-regulation regimes. The trust instrument may also control the trustee’s power.
automatic reservation
In the context of the International Court of Justice optional clause, an “automatic” or self-judging reservation describes wording by which a state seeks to reserve to itself a decisive role in determining whether a dispute falls within an excluded category. Limits or cautions: This is an ICJ optional-clause doctrine, not a domestic East African statutory rule. Any application depends on the particular state declaration and reservations. The expression is doctrinal and controversial, not a general rule of East African law. ICJ compulsory jurisdiction depends on each state’s Article 36(2) declaration and reservations. Kenya’s 1965 declaration contains specific reservations and a power to add, amend or withdraw them.
automatism
Automatism describes conduct said to be genuinely involuntary because the person acted without conscious control. In criminal law, the issue is whether the prosecution can prove a voluntary act and the required mental element in light of the evidence. Limits or cautions: Tanzanian case law has considered automatism in the context of criminal responsibility and intoxication. The label does not automatically excuse claimed loss of control; the cause, evidence and whether the state was self-induced matter. Mental-disorder rules may raise different questions.
autopsy (post-mortem)
An autopsy is a medical examination of a body after death to determine the cause of death. Rwanda law expressly defines autopsy and regulates judicial-request and scientific autopsies; Uganda also regulates post-mortem examination through inquest law. Limits or cautions: Who may order, perform or receive the report differs by jurisdiction and purpose. Rwanda provides a direct statutory definition and separate autopsy rules; Uganda authorises medical examination within the inquest framework. Criminal-investigation and health laws may add requirements.
aut punire aut dedere
Aut punire aut dedere expresses the idea that a state in which an alleged offender is found should either punish the person under its own law or surrender the person to a state able to prosecute. Modern treaties more commonly use the related “extradite or prosecute” formulation. Limits or cautions: The principle is treaty-based and offence-specific. It should be tied to the applicable extradition or suppression convention and each state’s implementing law. It is not a free-standing universal East African offence or extradition rule. Under the Convention against Torture, a state party that does not extradite a suspected torturer must submit the case to its competent authorities. Treaty status and domestic implementation should be checked for the relevant EAC Partner State.
autrefois acquit
Autrefois acquit is the plea or rule that a person already acquitted by a competent court cannot be tried again for the same offence on the same material facts while that acquittal remains effective. Limits or cautions: Tanzania's Court of Appeal has expressly discussed the doctrine as part of the prohibition on double jeopardy. Kenya likewise protects against a second trial after acquittal through constitutional and procedural rules. The identity of the offence, facts and earlier court are important.
autrefois convict
Autrefois convict is the plea or rule that a person already convicted of an offence cannot be tried again on the same facts for the same offence while that conviction stands, subject to the governing procedural law. Limits or cautions: Tanzania criminal procedure and Penal Code materials confirm the broader double-jeopardy principle, while Uganda and Kenya also recognise prior conviction as a bar in defined circumstances. The procedural form differs by jurisdiction. Uganda’s Trial on Indictments Act expressly recognises the pleas of autrefois acquit and autrefois convict. Whether the plea succeeds depends on the identity of the offence, the earlier proceeding, the competence of the earlier court and the statutory or constitutional rules against double jeopardy.
autre vie
“Autre vie” appears in the old property expression “estate pur autre vie”: a life interest whose duration is measured by the life of someone other than the person holding the interest. Limits or cautions: No current EAC statutory term of art was located in the checked portals. It is best treated as inherited historical property terminology where older common-law materials make it relevant. The phrase is archaic and was not located as a current statutory label in the reviewed East African materials. In Uganda, any continuing common-law or equitable use is subject to written law and local circumstances under the Judicature Act. Use the modern land or succession statute for a live transaction.
auxiliary jurisdiction
A historical equity term for jurisdiction used to support the effective determination of a claim, for example by compelling disclosure or preserving evidence, rather than to create a separate substantive claim. Limits or cautions: No modern EAC court structure checked uses the old Chancery label as a current jurisdictional category. Contemporary disclosure and equitable remedies arise from national statutes and procedural rules. The old English Chancery classification is not the modern procedural structure of East African courts. Uganda’s High Court administers written law, common law and equity concurrently subject to the Constitution and statutes. Current procedural rules, not the historical label, determine available orders.
AVC
AVC means an additional voluntary contribution: an extra amount a member chooses to contribute to a retirement-benefits scheme beyond the required contribution. Limits or cautions: Kenya retirement-benefits regulations use additional voluntary contribution concepts. Pension terminology and tax treatment differ by Partner State; AVC should not be treated as an EAC-wide statutory acronym. The abbreviation is not universal, but the underlying concept is expressly recognised in Kenyan retirement-benefits rules. Scheme rules govern payment, investment, transfer and access. Different EAC pension regimes may use different terminology and tax treatment.
aver
To aver is to allege or state a fact as true in a pleading or other formal court document. An “averment” is the allegation itself. Limits or cautions: Pleading rules in common-law Partner States use allegations/averments, but procedural vocabulary varies. The governing civil or criminal procedure rules control. “Aver” is drafting vocabulary, not a separate cause of action. Kenyan Civil Procedure Rules require pleadings to set out material allegations and particulars in the form the rules prescribe. Whether an allegation is admitted, denied or proved is a separate question.
average
In maritime law, “average” is a specialist expression for loss or contribution associated with a sea venture. General average concerns an extraordinary sacrifice or expenditure made for the common safety and shared among the interests saved; marine-insurance law may also distinguish particular average as a partial loss that is not general average. Limits or cautions: Tanzania's Carriage of Goods by Sea Act recognises general-average arrangements in carriage contracts, while Kenya's Marine Insurance Act gives a more detailed insurance-law treatment of general and particular average. The contract, policy and applicable national maritime law therefore matter.
a vinculo matrimonii
A vinculo matrimonii is a historical Latin expression for dissolution of the marriage bond itself, so that the parties cease to be married rather than merely live under a decree of separation. Rwanda's modern family law uses the language of dissolution of marriage rather than this Latin classification. Limits or cautions: The Latin phrase is historical terminology, not a current Rwandan decree title. Rwanda's family law specifies the legal grounds and consequences of dissolution. Other EAC states use their own marriage statutes and may distinguish divorce, nullity and separation differently.
avoid
To avoid or set aside a transaction is to deprive it of legal effect where the governing law makes it voidable and the authorised person or court follows the prescribed procedure. Rwanda's insolvency law provides a concrete example through rules for setting aside voidable transactions. Limits or cautions: “Avoid” is not a synonym for every kind of invalidity. Rwanda distinguishes voidable preferences, undervalue transactions, voidable charges and the procedure and effects of setting them aside. Contract, family, arbitration and company law may use different remedies and consequences.
avoidance of disposition order
“Avoidance of disposition order” is a United Kingdom family-law label for relief preventing or undoing a property transaction intended to defeat a spouse's financial claim. Kenya and Rwanda protect matrimonial-property interests through their own statutory mechanisms rather than that exact UK order title. Limits or cautions: In Kenya, matrimonial property may be protected by spousal-consent rules and land-registration mechanisms. Rwanda regulates matrimonial regimes and spouses' property under its own family and succession legislation. The available injunction, declaration, cancellation or other remedy depends on the pleaded claim and the national statute.
avulsion
Avulsion is a sudden, identifiable change caused by water, such as an abrupt shift in a river channel, contrasted with gradual accretion. In boundary and riparian law, that distinction can affect whether a legal boundary is treated as moving with the watercourse. Limits or cautions: No general EAC statutory definition was located. The concept is chiefly relevant through property, riparian-boundary and public-international-law principles, subject to each state’s land and water legislation. No standalone modern Ugandan statutory definition was located in the reviewed materials. Where the doctrine is invoked, written land, water, boundary and treaty law comes first; received common law and equity apply only subject to Uganda’s Judicature Act and local circumstances. International boundaries may be fixed by treaty regardless of private-land doctrines.
award
An award is a formal determination made by an arbitral tribunal or another body exercising legally recognised arbitral power. The term is used across East African arbitration and sectoral legislation, but its enforcement and challenge depend on the governing law. Limits or cautions: Tanzania's Arbitration Act 2020 regulates arbitral awards and challenges; Rwanda labour rules use arbitration awards; South Sudan's Land Act provides for arbitration awards; and the EACJ may exercise arbitral jurisdiction where an agreement confers it. Time limits and enforcement routes are not uniform.
A.M
An investment-analysis and -advisory service Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abacinate
To blind (a person) by placing a red-hot iron or metal plate in front of the eyes Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abandoned experiment
An unsuccessful attempt to reduce an invention to practice Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abandoned, suppressed, or concealed
Tentionally or accidentally hidden from public no-tice, not reduced to practice, or not patented Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abandonee
One to whom property rights are relinquished; one to whom something is formally or legally abandoned Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abandonment of contest
The withdrawal by a party from an interference contest Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abandum
A thing that has been forfeited Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abarnare
To detect or disclose a secret crime; to bring to judgment Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abatare
To abate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abatement clause
A lease provision that releases the tenant from the rent obligation when an act of God precludes occupancy Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abater
One who abates some-thing Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abator
A person who eliminates a nuisance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abatuda
A thing diminished, such as money reduced in value by clipping (moneta abatuda) Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abavia
A great-great-great-grandmother Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abavunculus
A great-great-great-uncle Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abavus
A great-great-grandfather Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abbreviator
One who abbreviates, abridges, or shortens Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abbroachment
The act of forestalling the market by buying wholesale mer-chandise to sell at retail as the only Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abdication
The act of renouncing or abandoning privileges or duties, especially these con-nected with high office Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abditory
A repository used to hide and preserve goods or money Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abease
To be absent; to be away from a place where one is supposed to be (as before a court) Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abettor
A person who intentionally assists, encourages or facilitates another person’s offence, with liability determined by the local criminal statute and the proved mental element. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abide
To tolerate or withstand Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abide by
To act in accordance with or in conform-ity to Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abigeatus
E act of stealing cattle by driving them away (abigere); cattle-rustling Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abjudge
To take away or remov (something) by judicial decision Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abjure
To renounce formally or o1 oath ‘ Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
able
Legally competent and qualified Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
ableism
Prejudice against or disregard of disablec people’s needs and rights; discrimination that unrea sonably favors able-bodied persons Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abmatertera
A great-great-great-aunt Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abode
A home; a fixed place of residence Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abolish
To annul, eliminate, or destroy, especially an ° ongoing practice or thing Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abortee
A woman who undergoes an abor-tion Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abortifacient
A drug, article, or other thing designed or intended to produce an abortion Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
aboutissement
An abuttal or abutment Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abridgment
A condensed version of a longer work Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abridgment of es
The right of a court to reduce the damanes fa certain cases Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abroad
Outside a country; especially, other than in a forum country Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abscond
To depart secretly or sud denly, especially to avoid arrest, prosecution, or service o process Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
absente reo
The defendant being absent Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
absentee
Having the characteristics of an absen-tee Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
absolute law
A supposed law of nature thought to be unchanging in principle, although circumstances may vary the way in which it is applied Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
absolution
Release from a penalty; the act of absolving Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
absolve
To release from an obligation, debt, or res onsibility Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
absolvitor
A decision in a civil action in favor of the defender; an acquittal Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstain
To withhold a vote or deliberately take no position in a formal decision-making process. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstention
To withhold a vote or deliberately take no position in a formal decision-making process. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstinence
The practice of refraining completely from indulgence in some act; especially, the practice of not having sex or of not consuming alcoholic beverages Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstract
A concise statement of a text, especially of a legal document; a summary Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstract idea
A concept or thought, removed from any tangible embodiment Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstract of conviction
A summary of the court's find-ing on an offense, especially a traffic violation Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstract of judgment
A copy or summary of a judgment that, when filed with the appropriate public office, creates a lien on the judgment debtor's non-exempt property Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstraction
The mental process of considering something without reference to a concrete instance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstraction-filtration-comparison test
A ju-dicially created test for determining whether sub-stantial similarity exists between two works in an «ction for infringement Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstractions test
A means of comparing copyrighted material with material that allegedly infringes the copyright by cxamining whether the actual substance has been copied or whether the two works merely share the same abstract ideas Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abstractor
A person who prepares abstracts of tide Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
absurdity
The state or quality of being grossly unreasonable; especially, an interpretation that would lead to an unconscionable result, especially one that the parties or (especially for a statute) the drafters could not ve intended and probably pever considered Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abuse
A departure from legal or reasonable use; misuse Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abuse
To damage (a thing) Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abuse excuse
The defense that a defendant cannot tell right from wrong or control impul- -ses because of physical or mental abuse suffered as a child Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abuse of discretion
A review ground arising when a decision-maker uses legally conferred discretion unlawfully, irrationally, for an improper purpose, or outside the standards imposed by law. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abuse of rights
A country's exercise of a right either in a way that impedes the enjoyment by other countries of their own rights or for a purpose different from that for which the right was created (e.g., to harm another country} Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abuse-of-the-writ doctrine
The principle that 4 petition for a writ of habeas corpus may not raise claims that should have been, but were not, asserted in a previous petition Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abusee
One who is or has been abused Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abuser
One who abuses someone or something Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abusive
Characterized by wrongful or improper use Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abusus
The right to dispose of one’s property Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
abut
To join at a border or boundary; to share a common boundary with Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
academic
Of or relating to.a.school or a field of study; especially, of or relating to a field of study that is not vocational or commercial, such as the liberal arts Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
academic freedom
Freedom in institutions of learning to think, teach, research and express academic ideas, protected in Uganda as part of freedom of thought, conscience and belief. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
academic lawyer
One who main-tains a law practice on the side Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
academy
An institution of higher learning Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accedas ad curiam
An original writ for removing a replevin action to a royal court from either of two feudal courts Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accede
In treaty law, to become bound by a treaty through accession where the treaty permits that method of consent. Limits or cautions: Accession is a treaty-status act, not merely informal agreement. For any specific East African state, verify the depositary record and entry-into-force date for the treaty concerned.
acceleration clause
A loan-agreement provision that requires the debtor to pay off the balance sooner than the due date if some specified event occurs, such as failure to pay an installment or to maintain insurance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accept service
To agree that process has been prop-erly served even when it has not been Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acceptance doctrine
The principle that, once an owner accepts the work of a contractor, the contractor is not liable to third parties for an injury arising from the contractor's negligence in performing under the contract, unless the injury results from a hidden, imminently dzagerous ciefect that the contracto: knows about and the owner does not know about Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acceptance for honor
A statutory bills-of-exchange mechanism allowing acceptance for honour after protest in the circumstances set by the Act. Limits or cautions: Kenya uses detailed statutory rules for bills of exchange. The exact liabilities depend on the instrument, signature, delivery, notice and holder status.
acceptance-of-the-benefits rule
The doctrine that a party may not appeal a judgment: after having vol-untarily and intentionally received-all or some part of the relief provided by it Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acceptance sampling
The practice of examining only a few items from a shipment to détermine the ac-ceptability of the whole shipment Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acceptance testing
Formal experi-ments conducted by or on behalf of the customer to determine whether computer software or hardware or a commercial website satisfies the customer's ac-ceptance criteria Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acceptare
To ac-cept or assent to, as a promise made by another Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acceptor
The person who accepts a bill of exchange and thereby undertakes liability according to the terms of that acceptance. Limits or cautions: Kenya uses detailed statutory rules for bills of exchange. The exact liabilities depend on the instrument, signature, delivery, notice and holder status.
acceptor supra protest
A statutory bills-of-exchange mechanism allowing acceptance for honour after protest in the circumstances set by the Act. Limits or cautions: Kenya uses detailed statutory rules for bills of exchange. The exact liabilities depend on the instrument, signature, delivery, notice and holder status.
accessio
The doctrine by which something of lesser size, value, or importance is integrated into something of greater size, value, or importance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accessory before the fact
A person who intentionally assists, encourages or facilitates another person’s offence, with liability determined by the local criminal statute and the proved mental element. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accessoryship
The status or fact of being an accesso-ry.— termed (loosely) accession Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accidental-death benefit
An insurance-policy provision that allows for an additional payment (often double the face amount of the policy) if the insured dies as a result of an accident, as defined in the olicy, and not from natural causes Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accidentalia
Cidents of a contract; nonessential contractual terms to which the parties expressly stip-ulate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accidere
To fall down Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accipe ecclesiam
Receive this church or living Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accipere
To receive; especially, to take under a will Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accola
A person who inhabits or occupies land near a certain place, such as one who dwells near a river Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accommodated party
A statutory bills-of-exchange mechanism allowing acceptance for honour after protest in the circumstances set by the Act. Limits or cautions: Kenya uses detailed statutory rules for bills of exchange. The exact liabilities depend on the instrument, signature, delivery, notice and holder status.
accommodation
A loan or other financial favor Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accommodation paper
A person connected with a bill who signs to lend their name to another person without receiving value for doing so; liability is governed by the Bills of Exchange Act. Limits or cautions: Kenya uses detailed statutory rules for bills of exchange. The exact liabilities depend on the instrument, signature, delivery, notice and holder status.
accommodation party
A person connected with a bill who signs to lend their name to another person without receiving value for doing so; liability is governed by the Bills of Exchange Act. Limits or cautions: Kenya uses detailed statutory rules for bills of exchange. The exact liabilities depend on the instrument, signature, delivery, notice and holder status.
accord
An amicable arrangement between par-ties, especially between peoples or nations; COMPACT; FREA-Ty Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accord
To furnish or grant, esp;.what is suitable or proper Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account book
A journal in which a business's transac-tions are recorded Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account for
To furnish a good reason or convinc-ing explanation for; to explain the cause of Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account in trust
An account established by an individual to hold the account's assets in trust for someone else Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account party
The customer in a letter-of-cre transaction Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account payable
An account reflecting a balance owed to a creditor; a debt owed by an enterprise in the normal course of business de:l-ing Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account receivable
An account reflecting a balance owed by a debtor; a debt owed by a customer to an enterprise for goods or services Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account rendered
An account produced by the creditor and presented for the debtor's examina-tion and acceptance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account settled
An account with a paid balance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
account stated
A balance that parties to a transaction or settlement agree on, either expressly or by implication Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accountable
Responsible; answerable Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accountant
A regulated professional or professional activity concerned with accounting, financial reporting, auditing, assurance, finance, taxation and related advisory work as defined by Kenyan legislation. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accounting
A regulated professional or professional activity concerned with accounting, financial reporting, auditing, assurance, finance, taxation and related advisory work as defined by Kenyan legislation. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accounting method
A system fur determining income and expenses for tax purposes Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accredit
To give official authoriz Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accredulitare
To purge an offense by an cath Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accroach
To exercise power withou authority; to usurp Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accusatory
OF, relating to, or constituting an accusation Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accusatory body
A body (such as a grand jury) that hears evidence and determines whether a person should be charged with a crime Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accusatory part
The section of an indictment in which the offense is named Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accusatory stage
The point in a criminal proceeding when the suspect's right to counsel attaches Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accusatrix
A female accuser Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accuse
A criminal-procedure term concerning a person alleged or formally charged to have committed an offence, or the allegation made against that person. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accused
A criminal-procedure term concerning a person alleged or formally charged to have committed an offence, or the allegation made against that person. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accused
A criminal-procedure term concerning a person alleged or formally charged to have committed an offence, or the allegation made against that person. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accuser
A person who accuses another of a crime Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
accuunting for profits
An action for cquitable relief } aguinst a person in a fiduciary relationship to recov-€r_profits taken in a breach of the relationship Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
achieve
To do homage upon the taking of : fee or fief Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acknowledge
To recognize (something) as being factual or valid Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acknowledgment of debt
Recognition by a debtor of the existence of a debt Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquiesce
To accept tacitly or p's ly; to give implied consent to (an act) Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquired allegiance
The allegiance owed by a nat-uralized citizen Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquired-rights doctrine
The principle that once a right has vested, it may not be reduced by later legislation Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquirenda
Thirigs to be gained by purchase Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquist
The act of obtaining (a thing); acquisition Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquit
To clear a person of a criminal charge, or the resulting court decision that the charge does not lead to conviction. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquitial in fact
To clear a person of a criminal charge, or the resulting court decision that the charge does not lead to conviction. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquittal in law
To clear a person of a criminal charge, or the resulting court decision that the charge does not lead to conviction. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquittance
A document b swhich one is dis-charged from a debt or other obligation; a receipt or release indicating payment in full Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acquitted
To clear a person of a criminal charge, or the resulting court decision that the charge does not lead to conviction. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acre right
Ew England, a citizen's share it the common lands Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
across-the-board
Applying to all classes, catego ries, or groups Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act
Something done or performed, especially volun tarily; a deed Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act and deed
A formally delivered written instru-ment that memorializes a bargain or transaction Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act and warrant
A sheriff's order appointing a trustee in bankruptcy, upon which the trustee assumes office and becomes vested with the bank-ruptey estate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of bankruptcy
An event, such as a debtor's fraud-ulent conveyance of property, that triggers an invol-untary bankruptcy proceeding against a debtor Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of grace
An act of clemency; especially, such an act performed at the beginning of a monarch’s reign or at some other significant occasion Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of hostility
An event that may be considered an adequate cause for war: CaSUS BELLI Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of indemnity
A statute that relieves specified persons, especially government officials, from some penal-ty to whi ey might be subject as a result of having exceeded their powers or having otherwise acted illegally Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of law
LEGAL ACT Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of legislation
A statute Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of petition
A summary proceeding in which litigants provide brief statements supported by affi-davit Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of possession
The exercise of physical control over a corporeal thing, movable or immovable, with the intent to own it Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act-of-state doctrine
The principle that no nation can judge the legality of a foreign country's sovereign acts within its own territory Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
act of the law
The creation, extinction, or transfer ofa right by the operation of the law itself, without any consent on the part of the persons con-cemed Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acta diurna
A public register o fe daily proceedings of the senate, assemblies of the people, or the courts Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acta publica
Things of general knowledge and concern; niitters transacted before certain public officers Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acte
An instrument; a proof in writing, such as a deed, bill of sale, or birth certificate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acte authentique
A deed execut-ed with certain prescribed formalities, in the pres-ence of a notary or other official Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acte de décés
A death certificate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acte de francisation
A certificate confirming that a ship is of French nationality Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acte de naissance
A birth certifi-cate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acte de notoriété
A deposition made before a nota-ry to record and preserve a claim, usually to proper-ty Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acti rei pertecutoria
An action to recover a specific thing or monetary compensation, rather than a penalty Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actia commodati
An action for the recovery of a thing gratuitously lent but not re-turned to the lender Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actid bonae fidei
Of a class of actions in which a judge could take equitable considerations into account in rendering a decision Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
acting
Holding an interim position; serving tem-porarily Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
active adoption-registry statute
A court-created legal parent–child relationship governed by the Children Act, including statutory prerequisites and a best-interests assessment. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
activity
The collective acts of one person or of two or more people engaged in a common enterprise Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actor
One who acts; a person whose conduct is question Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actrix
A female plaintiff Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actual
Existing in fact; real Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actual abandonment
Tentional relin-quishment of the right to patent protection, evi-denced Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actual change of possession
A real Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actual-risk test
The doctrine that, for an injures employee to be entitled to workers’-compensatio: benefits, the employee must prove that the injur arose from, and occurred in the course and scope ol employment Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actually litigated
Properly raised in an earlier law ich suit, submitted to the court for a determination, an: pal- determined Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actuarial equivalent
The amount of accrued pension benefits to be paid monthly or at some other interval so that the total amount of benefits will be paid over the expected remaining lifetime of the recipient Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actuarial method
A means of determining the amount of interest on a loan by using the loan’s annual percentage rate to separately calculate the finance charge for each payment period, after credit-ing each payment, which ts credited first to interest and then to principal Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actuarial present value
The amount of money neces-Sary to purchase an annuity that would generate a particular monthly payment, or whatever periodic ayment the plan provides, for the expected remain-ing life span of the recipient Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actuarial surplus
An estimate of the amount by which a pension plan's assets exceed its expected current and future liabilities, including the amount expected to be needed to fund future benefit payments Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actuarial table
An organized chart of statistical data indicating life expectancies for people in various categories (such as age, family history, and chemical exposure) Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actuarially sound retirement system
A retirement plan that contains sufficient funds to pay future obligations, as by receiving contributions from em-ployees and the employer to be invested in accounts to pay future benefits Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actuarius
A notary or clerk; a shorthand writer Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actuary
A statistician who deter-mines the present effects of future contingent events; especially, one who calculates insurance and pen-sion rates on the basis of empirically based tables Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
actum
A thing done; an act or deed Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
ad
At; by; for; near; on account of; to; until, upon; with relation to; concerning Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adaptation right
Sive right to prepare derivative works based on the protected work Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
add
A form of amendment that places new wording at the end of a motion or of a paragraph or other readily divisible part within a motion Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
add-on clause
An installment-contract provision that converts earlier purchases into security for new pur-chases Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
addendum
Something to be added, especially to a document; a supplement Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
addicent
One who transfers something by official authority Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
addicere
To ad-judge, allot, or condemn Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
addict
A person who habitually uses a substance, especially a narcotic drug Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
addict
To adjudge (to); to deliver under court order Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
addictio
The awarding by a magistrate of a person or thing to another, as the property of a debtor to a creditor, or as a form of conveyance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
addictio in diem
A clause in a contract of sale in which the parties agree that the contract can be terminated if the seller receives a beuer offer within a specified period Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
addiction
The habitual and intemperate use of a substance, especially a potentially harmful one such as a narcotic drug Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
additional-consideration rule
An ex-ception to the employment-at-will principle, whereby an employee who does not have a written contract but who undertakes substantial hardship in addition to the normal job duties Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
additional extended coverage
A policy en-dorsement pruviding supplemental residential cov-crage for a variety of perils, including vandalism, damage from falling trees, and water damage from the plumbing system Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
additur
A trial court’s order, issued usually with the defendant's con-sent, that increases the jury's award of damages to avoid a new trial on grounds of inadequate damages Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
address
The place where mail or other commu-nication is sent Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
address to the Crown
Upon a reading of a royal speech in Parliament, the ceremonial resolution by Parliament expressing thanks to the sovereign for the gracious speech Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adeem
To revoke or satisfy (a willed gift) by some other gilt Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
ademption by extinction
An ademption that occurs because the unique property that is the subject of a@ Specific bequest has been sold, given away, or destroyed, or is not otherwise in existence at the time of the testator’s death Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
ademption by satisfaction
An ademption that oc-curs because the testator, while alive, has already given property to the beneficiary in lieu of the testamentary gift Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adeo
So; as Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adequacy of disclosure
Satisfaction of the statutory requirements that the specification in a patent application (1) gives enough detailed infor-mation to enable one skilled in the art to make and use the claimed invention (the enablement require-ment); (2) discloses the best way the inventor knows to make and use the invention (the best-mode re-uirement); and (3) shows that… Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adequate protection
The protcction af-forded to a holder of a secured claim against the debtor, such as a periodic cash payment or an addi-tional lien Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adesse
To be present Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adeu
Without day Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adfinis
A relative of = One's spouse Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adfinitas
The con-nection between a husband or wife and relatives of his or her spouse Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adhibere
To ap-ply; to put (a thing) to use; to exercise Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adiratus
Lost; strayed; removed Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
aditio
An outsider's informal acceprance of heirship Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
aditio hereditatis
An heir's acceptance of an inheritance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjacent
Ping near or close to, but not necessari-ly touching Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adject
To annex or adjoin Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjectio dominii per continuationem possessionis
The acquisi-tion of the right to property ownership by continued possession Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjoining
Touching; sharing a com-mon boundary; contiguous Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjourn
To end or postpone (a proceeding) Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjourn to a day certain
To end a deliberative assembly's or court's session while fixing a time for the next meeting Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjournment sine die
The ending of a deliberative assembly's or court's session without setting a time to recon-vene Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjudger
One who adjudges Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjudicataire
One who buys property at a judicial sale Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjudicate
To rule upon judicial-ly Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjudicatee
A purchaser at a judicial sale Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjudicator
A person whose job is ‘6 render binding decisions; one who makes judicial pronouncements Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjunct
Added: as an accompanying object or circumstance; attached in a subordinate or temporary capacity Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjunct account
An account that accumulates ad-ditions to another account Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjunction
The act of adding to Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjunctum accessorium
An accessory or appurtenance Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjuration
The act of solemnly charging or entreating Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjure
To charge or.entreat solemnly Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjust
To determine the amount that an insur-er will pay an insured to cover a loss Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjuster
One appointed to ascertain, arrange Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjusting entry
An accounting entry‘made at the end of an accounting period, to record previously unrec-ognized revenue and expenses, as well as changes in assets and liabilities Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjustment board
An administrative agency charged with hearing and deciding zoning appeals Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adjutant general
The ad-ministrative head of a military unit having a general staff Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adlegiare
To purge (uneself) ofa crime by oath Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admanuensis
An oath-taker who places a hand on the Bible Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admeasurement
Ascertain-ment, assignment, or apportionment by a fixed quantity or value, or by certain limits Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admeasurement of dower
A writ to recover property from a widow who held more than she was entitled to Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admeasurement of pasture
A writ against a person whose cattle have overgrazed a common pasture Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adminiculum
Legal or evidentiary means of supporting one’s case; ADMINICLE Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administration de bonis non
An admin-istration granted for the purpose of settling the remainder of an intestate estate that was not ad-ministered by the former administrator Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administration durante absentia
An administration granted during the absence of either the executor or the person who has precedence as administrator Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administration durante minore aetate
An administration grant-ed during the minority of either a child executor or the person who has precedence as administra-tor Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administration expense
A necessary expenditure made by an administrator in managing and distrib-uting an estate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administration of justice
The maintenance of right within a political community by means of the physi-cal force of the state; the state's application of the sanction of force to the rule of right Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administration pendente lite
Temporary court-supervised administration used while litigation concerning an estate is still pending, so the estate can be preserved without a final distribution. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administrative-convenience exception
A public-law term concerning decisions, proceedings or rules made in the exercise of administrative authority, which must comply with applicable legality and procedural-fairness requirements. Limits or cautions: In Kenya, Article 47 standards are implemented by the Fair Administrative Action Act. Rwanda has its own civil, commercial, labour and administrative procedure legislation; procedures are not interchangeable.
administrative deviation
A public-law term concerning decisions, proceedings or rules made in the exercise of administrative authority, which must comply with applicable legality and procedural-fairness requirements. Limits or cautions: In Kenya, Article 47 standards are implemented by the Fair Administrative Action Act. Rwanda has its own civil, commercial, labour and administrative procedure legislation; procedures are not interchangeable.
Administrative Domain-Name Challenge Panel
A public-law term concerning decisions, proceedings or rules made in the exercise of administrative authority, which must comply with applicable legality and procedural-fairness requirements. Limits or cautions: In Kenya, Article 47 standards are implemented by the Fair Administrative Action Act. Rwanda has its own civil, commercial, labour and administrative procedure legislation; procedures are not interchangeable.
administrative freeze
A public-law term concerning decisions, proceedings or rules made in the exercise of administrative authority, which must comply with applicable legality and procedural-fairness requirements. Limits or cautions: In Kenya, Article 47 standards are implemented by the Fair Administrative Action Act. Rwanda has its own civil, commercial, labour and administrative procedure legislation; procedures are not interchangeable.
administrative hearing
A public-law term concerning decisions, proceedings or rules made in the exercise of administrative authority, which must comply with applicable legality and procedural-fairness requirements. Limits or cautions: In Kenya, Article 47 standards are implemented by the Fair Administrative Action Act. Rwanda has its own civil, commercial, labour and administrative procedure legislation; procedures are not interchangeable.
administrative-law judge
A public-law term concerning decisions, proceedings or rules made in the exercise of administrative authority, which must comply with applicable legality and procedural-fairness requirements. Limits or cautions: In Kenya, Article 47 standards are implemented by the Fair Administrative Action Act. Rwanda has its own civil, commercial, labour and administrative procedure legislation; procedures are not interchangeable.
administrative proceeding
A public-law term concerning decisions, proceedings or rules made in the exercise of administrative authority, which must comply with applicable legality and procedural-fairness requirements. Limits or cautions: In Kenya, Article 47 standards are implemented by the Fair Administrative Action Act. Rwanda has its own civil, commercial, labour and administrative procedure legislation; procedures are not interchangeable.
administrative rule
A public-law term concerning decisions, proceedings or rules made in the exercise of administrative authority, which must comply with applicable legality and procedural-fairness requirements. Limits or cautions: In Kenya, Article 47 standards are implemented by the Fair Administrative Action Act. Rwanda has its own civil, commercial, labour and administrative procedure legislation; procedures are not interchangeable.
administrator ad colligendum
An administrator appointed solely to collect and preserve the decedent's estate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administrator ad litem
Temporary court-supervised administration used while litigation concerning an estate is still pending, so the estate can be preserved without a final distribution. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administrator ad prosequendum
An administrator appointed to prosecute or defend a certain action or actions involving the estate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administrator cum testamento annexe
An administrator appointed by the court to carry out the provisions of a will when the testator has named no executor, or the executors named refuse, are incompetent to act, or have died before performing their duties Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administrator de bonis non
An administrator appointed by the court to administer the decedent's goods that were not administered by an earlier administrator or executor Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administrator durante absentia
An administrator appointed to act while an estate's executor or an administrator with precedence is temporarily absent Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administrator durante minore aetate
An administrator who -acts during the minority of a person who either is named by the testator as the estate’s executor or would be appointed as the estate’s administrator but for the person's youth Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administratrix
A female administrator Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
administrotive-control rute
The rule making the grantor of a trust liable for tax if the grantor retains control that may be exercised primarily for the grantor’s own benefit Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admiralitas
Admi-ralty: an admiralty court Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admiralty
A court that exercises jurisdiction over all maritime contracts, torts, inju-ries Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admissible
Capable of being legally admitted; allowable; permissible Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admission against interest
A person's statement acknowledging a fact that is harmful to the person’s position as a litigant Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admission bv silence
The failure of a party to speak after another party's assertion of fact that, if untrue, would naturally compel a person to deny the statement Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admission by employee or agent
An admission made by a party-opponent's agent during employ-ment and concerning a matter either within the scope of the agency or authorized by the party-opponent Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admission by party-opponent
An opposing party's admission, which is not considered hearsay if it is offered against that party and is (1) the party's own statement, in either an individual or a repre-sentative capacity; (2) a statement of which the party has manifested an adoption or belief in its truth; (3) a statement by one authorized by the party to make such a statement; (4) a… Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admission on motion
Permanent admission of a lawyer who is in good standing in the bar of a different state without the need for a full bar examination Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admission to bail
An order to release an accused person from custody alter payment of bail or receipt of an adequate surety for the person’s appearance for trial Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admittance
The act of entering a building, locality or the like Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admitted asset
An asset that by law may be inclu ed in evaluating ‘the financial condition of an 1 surance company Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admixture
The mixing of things Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
admonitio trina
A threefold warning advis ing a defendant charged with a capital crime tha refusal to answer questions about the offense woulc in itself be considered a capital crime punishable by death Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adnepos
A great-great grandson Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adneptis
A great-great granddaughter Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adnihilare
Tc annul; to make void Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adnotatio
The reply of the emperor in his own hand to 2 petition addressed to him Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adoptability
A child's availability to be adopted, especially by reason of all legal impediments having been removed Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adoptee
A person who has become the legal child of one or two nonbiological parents Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adoption-assistance plan
A court-created legal parent–child relationship governed by the Children Act, including statutory prerequisites and a best-interests assessment. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adoption-registry statute
A court-created legal parent–child relationship governed by the Children Act, including statutory prerequisites and a best-interests assessment. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adoptions
A court-created legal parent–child relationship governed by the Children Act, including statutory prerequisites and a best-interests assessment. Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adoptive admission
An action by a party that indi-cates approval of a statement made by another, and thereby acceptance that the statement is true Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adoptive-admissions rule
The principle that a statement offered against an accused is not inad-missible hearsay if the accused is aware of the state-ment and has, by words or conduct, indicated accep-tance that the statement is true Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adpromissor
A surety for a debtor under a promise by stipulation Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adrectare
To do right; to satisfy Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adrogation
An aduption of a person of full capacity (sti juris) into another family Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adscripti glebae
Tenants or serfs bound to the land Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adscriptitius
A supernumerary citizen or soldier Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adscriptus
Added, annexed, or bound by or in writing; enrolled or registered Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adsm
AD SECTAM Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adstipulator
An additional party to 2 contract who could enforce the contract along with the principal (.e., the slipu-lator) Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adult
A person who has attained the legat age of majority, generally 17 in criminal cases and 18 for other purposes Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adult adoption
Adoption of a person who is already an adult. Kenya’s Children Act adoption jurisdiction concerns children, so adult adoption should not be assumed to be available under that Act. Limits or cautions: A Kenya High Court decision has treated the Children Act jurisdiction as limited to children. Other East African jurisdictions may take a different approach and must be checked separately.
Adult Protective Services
A governmental agency with responsibility for investigating allegations of elder abuse and neglect and for responding appro-priately Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adulter
An adulterer: a man guilty of adultery Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adultera
An adul-teress; a woman guilty of adultery Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adulterine
An illegitimate child Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adulterine guild
A group of traders who act like a corporation without a charter and who pay an annual fine for permission to exercise their usurped privileges Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adulterium
Roman & civil - The crime of adultery Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advance directive
A document that takes effect upon one’s incompetency and designates a surrogate decision-maker for healthcare matters Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advance pricing agreement
A usually binding ar-rangement made between a multinational company and one or more national tax authorities about what method the company will use to calculate transfer prices Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advance sheets
A softcover pamphlet containing re-cently reported opinions by a court or set of courts Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advantagium
An advantage Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advecati ecclesiae
Church patrons who had a right to present a clerk to a benefice Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advecatione decimarum
A writ to collect a tithe belonging to the church Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advena
One who has come from abroad, especially for a temporary stay; a sojourner Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adventura
An adventure Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adventure
A commercial undertaking that has an element of risk; a venture Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adventure
A loan on pottery Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adversarius
An adversary in a lawsuit Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adversary
An opponent; especially, op-posing counsel Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adversary proceeding
A hearing involving a dis-pute between opposing parties Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adversary system
A procedural system Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adverse
Against; opposed (to) Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adverse authority
Authority that is unfavorable to an advocate’s position Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adverse-domination doctrine
The equitable principle that the statute of limitations on a breach-of-fiducia-ry-duty claim against officers and directors (especially a corporation's action against its own officers and di-rectors) is tolled as long as a corporate plaintiff is controlled by the alleged wrongdoers Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adverse employment action
An employer's decision that substantially and negatively affects an employ-ee's job, such as a termination, demotion, or pay cut Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adverse interest
An interest that is opposed or con-trary to that of someone else Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adverse-interest rule
The principle that if a party fails to produce a witness who is within its power to produce and who should have been produced, the judge may instruct the jury to infer that the witness's evidence is unfavorable to the party’s case Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
adversus
Against Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advertising
The action of drawing the public's attention to something to promote its sale Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advice
Guidance offered by one person, especially a lawyer, to another Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advice of counsel
A ma icious-Prosecution lawsuit, a defense requiring both a complete presentation of facts by the defendant to his or her attorney and honest compliance with the attorney's advice Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advice-of-counsel defense
An action for infringement an assertion that after learning of the owner's rights Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advice of credit
Otice by an advising bank of the issuance of a leuwer of credit Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advisare
To consult, deliberate, or consider Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advisement
Careful consideration; de-liberation Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advisory committee
A committee formed to make suggestions to some other body or to an official; especially, any one of five committees that propose to the Standing Committee on Rules of Practice and Proce-dure amendments to federal court rules, the five committees being responsible for appellate, bank-ruptcy, civil, criminal, and evidence rules Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advocacy
The work or profession of an advocate Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advocare
To advo-cate, defend, or protect Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advocata
A patro-ness; a woman holding the right to present to a church Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
Advocate General
An officer appointed under the Scotland Act of 1998 to advise the British government on Scotland and to represent it in court Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advocatio
An inferior’s management of a business for a superi-or Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advocator
A person who calls on another to warrant a title Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advoutrer
An adulterer Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
advoutry
Hi, Adultery between two married persons Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
aerarium
The treasury of the Roman Republic Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
affect
Most generally, to produce an effect on to influence in some way Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
affection
Fond attachment, devotion, or lov Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
affectus sine effectu
An intention that is not carried out Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
affidatus
A tenant ;- fealty Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
affidavit of inquiry
A written statement of facts made on oath or affirmation for use as evidence in court, subject to the applicable rules about personal knowledge, information and belief. Limits or cautions: Kenyan Order 19 governs affidavits. Labels such as “affidavit of merits” or “affidavit after appeal” may be foreign or historical forms even though affidavits themselves are current East African procedure.
affidavit of merits
A written statement of facts made on oath or affirmation for use as evidence in court, subject to the applicable rules about personal knowledge, information and belief. Limits or cautions: Kenyan Order 19 governs affidavits. Labels such as “affidavit of merits” or “affidavit after appeal” may be foreign or historical forms even though affidavits themselves are current East African procedure.
affilare
To put on rec-ord; to file Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
affile
To file Limits or cautions: Terminology, elements, procedure and remedies can differ across East African jurisdictions, so the controlling local text should be checked for a live matter.
affirmative action
Measures designed to correct or reduce the effects of past or continuing disadvantage. In Kenya, the Constitution permits legislative and other measures to redress historical disadvantage; Uganda’s Constitution similarly requires action for marginalised groups. Limits or cautions: The constitutional purpose is remedial, not a licence for arbitrary preference. The legal test and permitted beneficiaries differ by country and by the institution applying the measure.
affix
To attach something to another thing so that it forms part of, or is securely connected with, it. Statutes use the word for attaching notices, seals, labels, signatures or fixtures. Limits or cautions: The legal effect depends on the statute and the object attached. Affixing a signature is different from affixing a fixture to land.
aforethought
A state of mind formed before the prohibited act. In East African homicide statutes, the legally important expression is usually malice aforethought, which covers an intention to kill or cause grievous harm, or knowledge that the act is likely to cause death or grievous harm. Limits or cautions: The label is incomplete if read alone. The statutory mental element is the controlling rule, and it is not necessary to prove a long period of planning.
after-acquired property
Property obtained by a debtor after a security agreement which the agreement or applicable statute brings within the secured property. The security interest reaches the later property only where the governing law and the security instrument permit it. Limits or cautions: The phrase is not a universal rule of priority. Registration, description of collateral and competing-creditor rules must be checked under the applicable movable-property or land-security regime.
after the fact
Conduct occurring after the main offence, such as helping an offender to escape or dealing with property knowing it to be stolen. East African criminal statutes often regulate the later conduct through separate offences rather than through one general label. Limits or cautions: Being present after an offence does not itself create liability. The prosecution must prove the elements of the particular later offence.
against the will
Without the person’s free agreement. In offences involving sexual conduct, confinement or taking, the expression points to the absence of legally valid consent or the use of force, threats, deception or abuse of authority. Limits or cautions: Consent is context-specific and statutory. Age, capacity, coercion and the relationship between the parties may change the legal result.
age
A legally relevant measure of a person’s years. East African constitutions and statutes use age to distinguish children from adults and to set thresholds for voting, criminal responsibility, employment, marriage, capacity and protection. Limits or cautions: There is no single age rule for every legal purpose. The relevant constitution or statute must be identified before applying an age threshold.
age of capacity
The age at which a person is generally treated as capable of exercising specified legal rights. In the covered systems, majority is commonly fixed at eighteen, but particular laws may impose additional conditions for marriage, contracting, land dealings or litigation. Limits or cautions: A person may reach majority yet remain subject to a special statutory restriction. Capacity is therefore purpose-specific rather than a single answer for every transaction.
age of discretion
An age at which the law treats a person as able to understand or bear responsibility for a specified act. It is not a general substitute for the statutory age of majority. Limits or cautions: Criminal responsibility, consent, employment and civil capacity may each have different thresholds. The exact statutory provision controls.
agency adoption
An adoption arranged through an authorised adoption society or public child-protection process, with the required assessment, consent, placement and court order. The process transfers parental responsibility only through the statutory adoption framework. Limits or cautions: Adoption is a court-supervised child-protection process. A private agreement cannot by itself create an adoption or remove the court’s safeguards.
aggravation
A circumstance that makes an offence or its consequences more serious and may justify a higher sentence or a more serious charge. Statutes commonly identify aggravating facts such as use of a weapon, violence, vulnerability of the victim or repeat offending. Limits or cautions: Aggravation is not the same as an element of the basic offence. A court must rely on the applicable sentencing law and avoid punishing the same fact twice.
aggravator
A fact or circumstance that increases the seriousness of an offence or the sentence that may follow. The term describes the factor, not a separate offence in every legal system. Limits or cautions: Whether an aggravator is proved, and how much weight it receives, is governed by the applicable sentencing statute and case law.
aggregate
To combine separate amounts, rights, offences or interests into one total for the legal purpose in question. The term can describe a calculation, a group of entities or the total effect of several matters. Limits or cautions: Aggregate is context-dependent. It does not always mean that the separate items lose their legal identity.
aging-out
The point at which a child leaves a statutory care, foster-care or institutional-support scheme because the child has reached the age fixed by law or by the relevant placement order. Limits or cautions: A person may qualify for after-care, education or disability support after leaving child protection. Ending one scheme does not end every legal entitlement.
air-quality criteria
Technical limits or assessment criteria used by environmental authorities to judge the quality of ambient air and the effects of emissions. They guide licensing, monitoring, enforcement and pollution-control decisions. Limits or cautions: A criterion may be a standard, guideline or trigger for regulatory action. It should not be treated as a private right to a particular air quality unless the governing instrument says so.
air right
A legally recognised interest relating to the space above land or to the use of airspace. Land law may protect a landholder against unreasonable interference, while aviation law governs aircraft operations and navigable airspace. Limits or cautions: Ownership of land does not give unlimited control of the sky. Aviation safety, public navigation and statutory flight rights prevail where the law so provides.
air-transport agreement
An agreement governing international air services between states, including traffic rights, designated carriers, routes, safety and regulatory cooperation. It operates alongside national civil-aviation licensing and safety rules. Limits or cautions: A treaty or bilateral agreement does not by itself authorise every commercial flight. The operator must also comply with the national aviation regime and any required licence or permit.
airbill
A document or electronic record evidencing a contract for carriage of goods by air and identifying the cargo, consignor, carrier and destination. It is not ordinarily a negotiable document of title in the same way as a bill of lading. Limits or cautions: The legal effect depends on the governing carriage convention and national implementing law. Electronic records may satisfy documentary requirements where recognised.
alias
A name by which a person or entity is also known, or a later process issued because an earlier process was ineffective. The surrounding document determines which sense is intended. Limits or cautions: An alias is not automatically proof of fraud. Courts and registries use identity evidence and the relevant procedural rules to connect the names.
alienage
The legal status of being a national of another state or not being a citizen of the state whose law is being applied. Immigration, land ownership, employment and political rights may attach different consequences to that status. Limits or cautions: Alienage is not the same as unlawful presence. A foreign national may be lawfully present and may hold rights subject to statutory limits.
alienate
To transfer or dispose of a property interest, whether by sale, lease, gift, charge, assignment or another legally recognised transaction. Limits or cautions: Some interests cannot be alienated freely. Consent, registration, spousal or community rights, public-land rules and restrictions on foreign ownership may apply.
alienation clause
A term in a title, lease, trust, mortgage or contract that limits or conditions transfer of the relevant interest. It may require consent, prohibit assignment or allow transfer only to specified persons. Limits or cautions: The clause is read with land-registration, public-policy and restraint-on-alienation rules. A restriction may be void or unenforceable if it conflicts with a mandatory statute.
aliquot
A share that divides a whole into an exact number of equal parts. The term is used when describing a fractional interest in an estate, fund, partnership or other divisible whole. Limits or cautions: An aliquot share is not necessarily the same as a percentage stated in a particular statute. The instrument creating the interest determines the denominator and the rights attached to it.
alleged
Stated or charged but not yet proved. It is a procedural description of the state of a claim or accusation before the court makes findings. Limits or cautions: The word preserves the presumption of innocence in criminal proceedings and does not itself indicate that the claim is weak or false.
allision
The contact of a vessel with a fixed object, such as a pier, bridge, quay or installation, rather than a collision between two moving vessels. Limits or cautions: Liability depends on navigation, causation, fault, statutory duties and any applicable maritime convention. The label is not a complete liability rule.
alluvial mining
Mining minerals found in loose deposits such as river sediment, gravel, sand or flood-plain material rather than in a hard-rock lode. It remains subject to mineral licensing and environmental controls. Limits or cautions: The precise licence category and environmental obligations differ between states. Calling an operation alluvial does not exempt it from rehabilitation or community-protection duties.
alter-ego rule
A judicial approach under which a company’s separate personality may be disregarded in exceptional circumstances because the company is being used as a person’s instrument for fraud, evasion or another improper purpose. Limits or cautions: Control or ownership alone is not enough. Courts normally require a legally recognised basis for piercing the veil and preserve the company’s separate personality in ordinary cases.
altercation
A dispute involving hostile or angry exchange, sometimes accompanied by fighting or threatening conduct. The legal consequence depends on whether the conduct meets the elements of assault, affray, public nuisance or another offence. Limits or cautions: An argument is not automatically a criminal altercation. The statute requires proof of the prohibited act and any required mental element.
altering or amending a judgment
Changing a judgment through the procedure allowed by law, usually to correct an accidental slip, clarify an order, address an obvious error or exercise a limited review power. Limits or cautions: A court cannot use a correction power to reopen the merits after the statutory limit has passed. Substantive challenge normally requires review or appeal.
amalgamation
A statutory combination of companies or undertakings in which one or more entities merge, transfer their undertaking or continue in a new or surviving entity under an approved arrangement. Limits or cautions: The legal effect depends on the jurisdiction’s scheme, court or shareholder approvals, creditor protection, registration and competition controls.
ambassador
The principal diplomatic representative of one state accredited to another state or, in the treaty context, to an international organisation. The head of mission represents the sending state within the limits of international and domestic law. Limits or cautions: The title does not itself determine immunity, rank or powers. Those questions are governed by the Vienna Convention, accreditation and the receiving state’s implementing law.
ambassador extraordinary
An ambassador given an exceptional or special mandate, often for a particular mission or period. The expression describes status or assignment rather than a separate immunity category. Limits or cautions: Immunities arise from the applicable diplomatic law and official accreditation, not merely from the adjective extraordinary.
ambassador plenipotentiary
An ambassador authorised by the sending state to act within the mandate given by that state. Plenipotentiary authority remains subject to the sending state’s instructions and the receiving state’s diplomatic law. Limits or cautions: The term does not mean that the representative can disregard the receiving state’s law or exercise domestic governmental power there.
ambit
The outer scope or range of a power, offence, duty, right or statutory provision. Courts use the context and purpose of the instrument to determine what falls within that scope. Limits or cautions: Ambit is an interpretive description, not an independent cause of action or defence.
amelioration
An improvement to land, a leasehold interest, an environmental condition or another legal subject. In property disputes, the legal result depends on who made the improvement, authority to do so and any compensation rule. Limits or cautions: Improvement does not automatically create ownership or a right to reimbursement. Consent, statutory power and unjust-enrichment principles may matter.
amenable
Subject to the authority of a court, tribunal or public body, so that the person or entity may be required to respond to proceedings or comply with a lawful process. Limits or cautions: Amenability is not the same as losing the case. It concerns authority to hear or compel a response, while merits and enforcement are separate questions.
amend
To change a pleading, statute, instrument, registration or other legal document through the procedure authorised by law. Limits or cautions: An amendment may require permission, notice, consent, a fee, registration or compliance with a limitation period. It may also be refused if it causes prejudice that cannot be cured.
amendment as of course
An amendment that a party may make without first obtaining the court’s permission because the procedural rules allow it at that stage of the case. Limits or cautions: The right is limited by the applicable rules, service requirements and deadlines. It does not authorise a party to introduce an unrelated or time-barred claim without scrutiny.
amendment of indictment
A lawful alteration of a formal criminal charge before or during trial, normally subject to notice, opportunity to respond and any statutory protection against unfair prejudice. Limits or cautions: The court must protect the accused’s right to know the case and prepare a defence. A material amendment may require adjournment or a fresh plea.
amends
Money or another remedy awarded to repair loss, injury or breach. The form and amount depend on the cause of action, proof of loss and the statute or contract governing the claim. Limits or cautions: Amends is not automatically punitive damages. Courts distinguish compensation, restitution, nominal damages and penalties.
amortization
The gradual reduction of a debt through scheduled payments, or the systematic allocation of the cost of an intangible asset over its useful period where the governing accounting or tax rule permits it. Limits or cautions: Financial reporting, tax and lending rules may use different schedules. The word does not by itself decide deductibility or the balance due.
amortization schedule
A schedule showing the periodic payments applied to principal, interest or another agreed component of a debt, and the balance remaining after each payment. Limits or cautions: The enforceable schedule is the one incorporated into the loan or prescribed by the applicable regulation. A spreadsheet or statement may be evidence without being the contract itself.
amortize
To reduce a debt by periodic payments or to allocate a qualifying cost over time under the applicable accounting or tax rules. Limits or cautions: The treatment of principal, interest and fees must be separated. A tax deduction is available only where the relevant tax law allows it.
amount realized
The value received or treated as received on a disposal, after applying the valuation and liability rules of the relevant tax or property regime. It may include money, property received or debt assumed by the buyer. Limits or cautions: The expression is most precise in a particular tax statute. Do not import a foreign capital-gains formula without checking the local charging and valuation provisions.
actual physical control
Immediate bodily control over a person or thing, whether or not the person has formal ownership or legal title. It is used to distinguish physical custody from constructive possession or legal control. Limits or cautions: Control is a fact to be proved. Physical presence alone may not establish possession, custody or responsibility under the relevant statute.
an express or implied contract
An express contract is formed through spoken or written terms. An implied contract is inferred from conduct, circumstances or law. Both require the elements recognised by the applicable contract law. Limits or cautions: A court should not infer a term that contradicts clear words or a mandatory statute. The burden of proving formation and terms remains fact-sensitive.
analogous use
Use of land, an object or a legal power in a way that is comparable to the use expressly regulated by a statute or instrument. The comparison must be sufficiently close to serve the statutory purpose. Limits or cautions: Analogy cannot create a power that the law withholds, especially where criminal liability, taxation or compulsory acquisition is involved.
ancestor
A person from whom another person is descended, such as a parent, grandparent or more remote forebear. The term is used in succession, family, customary-law and land contexts. Limits or cautions: The class of ancestors who inherit or whose consent matters depends on the applicable statute, customary law and proof of relationship.
ancillary administration
Administration in a jurisdiction where the deceased left property, in addition to the principal administration in the jurisdiction of domicile or main estate proceedings. Limits or cautions: The ancillary court normally deals with property within its territorial authority. Recognition of the foreign grant and local succession rules must be checked.
ancillary administrator
A person appointed or recognised to administer estate property situated in a jurisdiction separate from the main estate administration. Limits or cautions: The administrator’s authority is limited by the grant, the local court and the assets within the local jurisdiction.
annuity due
A series of equal or calculated payments made at the beginning of each period rather than at its end. Limits or cautions: The payment timing affects valuation, interest and insurance calculations. The contract or statute may use a different definition of the payment period.
annuity policy
An insurance or investment contract under which the provider pays the policyholder a stream of payments for a defined period or for life, subject to the policy terms and insurance regulation. Limits or cautions: The legal character may be insurance, pension or investment depending on the product and regulator. Surrender, beneficiary and tax rules must be checked separately.
annulment of judgment
A court order cancelling a judgment or treating it as legally ineffective because of a recognised procedural or jurisdictional defect, or because the governing law permits the judgment to be set aside. Limits or cautions: Annulment is not a general appeal. The applicant must identify the statutory or procedural power and meet its conditions.
appeal by application
An appeal started through the application or notice required by the applicable appellate rules, rather than by an automatic transfer of the entire case. Limits or cautions: The route, time limit, leave requirement and record differ between civil and criminal proceedings and between courts.
appeal by right
An appeal for which the constitution or statute gives a party access without first obtaining leave, subject to jurisdiction, time and filing requirements. Limits or cautions: A right of appeal does not remove procedural conditions. A party may still need a notice, record, prescribed grounds or security.
appeal de novo
An appeal in which the reviewing court is authorised to reconsider the matter afresh within the scope fixed by statute, rather than merely checking for an error on the original record. Limits or cautions: Most appeals are not unlimited retrials. The court’s power depends on the statute, record and nature of the original decision.
appearance
A party’s formal participation in proceedings, usually by attending, filing a response or acting through an advocate. It may also mean the document or act by which that participation is recorded. Limits or cautions: An appearance can affect service, default judgment and jurisdiction, but it does not necessarily admit liability or waive every objection.
appellate
Relating to a court or process that reviews a decision of a lower court, tribunal or public body. Limits or cautions: The appellate court’s powers are limited by the constitution, statute and the kind of decision under review.
appellate division
A division or level of a superior court assigned to hear appeals. The name describes court organisation and does not by itself establish the powers of the division. Limits or cautions: Kenya and Tanzania organise appellate work differently. The court’s constitutive law controls jurisdiction and composition.
application for leave to appeal
A formal request for permission to bring an appeal where the relevant law requires leave. It normally identifies the proposed grounds and the decision challenged. Limits or cautions: Leave is a threshold decision, not determination of the appeal’s merits. Time limits and the correct court must be checked first.
appurtenance
A right, benefit or item connected with land or another principal thing and ordinarily passing with it, such as an easement or fixture, unless the instrument or statute provides otherwise. Limits or cautions: Whether an item is appurtenant depends on intention, physical connection, necessity and the governing registration or property law.
arbiter
A person chosen or appointed to decide a dispute through arbitration. Modern statutes generally use arbitrator, while arbiter may be used as a general or historical synonym. Limits or cautions: An arbiter must remain independent and act within the arbitration agreement and the mandatory procedural law.
arbitrage
A transaction strategy that seeks to profit from a price difference for the same or equivalent asset in different markets or at different times. Limits or cautions: A transaction may be lawful arbitrage or prohibited market abuse depending on the instrument, information used and conduct rules.
arbitrary
A decision or action that lacks a rational connection to the law, relevant evidence or a lawful purpose, or that is taken on an irrelevant or discriminatory basis. Limits or cautions: A decision is not arbitrary merely because it is strict or adverse. Courts examine the legal power, reasons, evidence and constitutional standards.
arbitration act
The national statute governing arbitration agreements, appointment of arbitrators, procedure, interim measures, awards, enforcement and court supervision. Limits or cautions: The applicable Act depends on the seat of arbitration and the enforcement forum. International conventions may alter the recognition route.
arbitration and award
A private dispute-resolution process ending in a written decision by the arbitral tribunal. The award may be final and binding, subject to limited statutory challenges and enforcement rules. Limits or cautions: An award is not self-enforcing in every case. Recognition, setting aside and execution depend on the seat, the Act and any applicable treaty.
arbitration board
The one or more arbitrators constituted to hear and decide a dispute under an arbitration agreement or statutory scheme. Limits or cautions: A board must be constituted in accordance with the agreement and mandatory law. A panel’s internal label does not change the requirements of impartiality or due process.
arrangement with creditors
An agreement or court-approved scheme under which a debtor and creditors arrange payment, compromise, reschedule or otherwise restructure debts. Limits or cautions: The arrangement’s effect on dissenting creditors, secured claims, employees and insolvency proceedings depends on the applicable insolvency statute and approval process.
arraignment
The court process in which the accused is brought before court, the charge is stated or read, and the accused is called upon to plead in accordance with criminal procedure. Limits or cautions: Arraignment is not the trial and a plea does not remove the prosecution’s duty to satisfy the law. A defective or unclear charge can require correction.
arrestee
A person taken into lawful or purported lawful custody by arrest. The arrestee retains constitutional and statutory safeguards, including information about the reason for arrest and prompt judicial control. Limits or cautions: The term describes status, not guilt. Lawfulness of the arrest and detention must be assessed separately.
arrester
The person or officer who makes an arrest or directs it under lawful authority. The arrester must act within the power granted by the constitution, statute or warrant. Limits or cautions: A private person, police officer and judicial officer may have different arrest powers and liabilities.
assailant
A person who attacks or threatens another. The term is descriptive; liability depends on proof of assault, attempted offence, self-defence rules and the required mental element. Limits or cautions: Calling someone an assailant does not determine guilt. The prosecution must prove the charged offence.
assassination
The deliberate killing of a prominent or politically important person. East African criminal codes normally prosecute the conduct through murder, terrorism or another homicide offence rather than a separate offence labelled assassination. Limits or cautions: The label does not replace the elements of the offence charged. Motive, status of the victim and political purpose may affect the charge or sentence.
assault with intent
An assault carried out with the additional intention specified by the statute, such as intent to steal, cause grievous harm or commit another offence. Limits or cautions: The prosecution must prove both the assault and the specified intent. Suspicion or the eventual result is not enough.
assault with intent to commit rape
An assault accompanied by the intention to commit rape or another legally defined sexual offence. Current statutes may charge the conduct as attempted rape or sexual assault, depending on the jurisdiction. Limits or cautions: The exact offence, consent rule and penalty differ by country. Use the current sexual-offences statute rather than importing an older common-law label.
assembly
A gathering of persons, especially one organised for a common purpose. Peaceful assembly is constitutionally protected, subject to lawful, necessary and proportionate regulation. Limits or cautions: A public authority may regulate time, place and manner under law, but cannot treat every peaceful meeting as an offence. The constitution and applicable public-order statute must be read together.
asset
Anything owned or controlled that has economic value, including money, land, goods, rights, claims and intangible property. Limits or cautions: Whether an item is an asset, and how it is valued, depends on the statute or accounting framework. A right may be an asset even when it is not physical.
asset allocation
The division of an investment portfolio among asset classes such as cash, debt, shares, property or other investments, usually to manage risk and return. Limits or cautions: The term describes a portfolio strategy, not a guarantee of diversification or suitability. Licensing, fiduciary and disclosure duties may apply.
asset under management
An asset for which an investment adviser, fund manager or other licensed person provides continuing management or supervisory services, usually measured for reporting or fee purposes. Limits or cautions: Assets under management may be valued differently across products and reporting dates. They are not necessarily owned by the manager.
assignment by operation of law
A transfer of a right, liability or interest that occurs because a statute or legal status requires it, without a separate voluntary assignment by the affected party. Limits or cautions: The exact effect is determined by the statute. Some rights and liabilities remain personal and cannot be transferred even by agreement.
assignment of account
A transfer to another person of the right to receive money in an account or receivable, often as security for a loan or as part of a commercial transaction. Limits or cautions: Notice, perfection, priority and restrictions on assignment depend on the account contract and the applicable secured-transactions law.
assistance of counsel
Help and representation by a lawyer in proceedings. In criminal cases, the constitution and applicable law protect access to counsel and, in qualifying cases, state-funded legal assistance. Limits or cautions: The scope of state-funded representation and the point at which counsel must be provided differ between jurisdictions and offences.
assisted conception
Medical assistance used to achieve conception, including procedures that place sperm, eggs or embryos in or near the reproductive tract or otherwise assist fertilisation. Limits or cautions: Parentage, consent, storage, surrogacy and clinic regulation may not be governed by one comprehensive statute in every East African state. The applicable health and family law must be checked.
assisted reproductive technology
Medical procedures used to assist human reproduction, including laboratory fertilisation and embryo transfer, where permitted and regulated by the applicable national framework. Limits or cautions: The legal status of donors, embryos, surrogacy and intended parents varies considerably. A technical procedure does not by itself settle legal parentage.
assumed name
A name used by a person or business in trade or public dealings that is different from the person’s legal name or the company’s registered name. Limits or cautions: Registration of a business name does not necessarily create a separate legal person. Misleading or unauthorised use may attract civil or criminal consequences.
assumption
The act of taking on an obligation, or a proposition accepted for purposes of a legal argument or transaction. In a contract, assumption may transfer responsibility only when the agreement and governing law allow it. Limits or cautions: Assumption of an obligation does not always release the original debtor. Novation, consent and statutory requirements may be needed.
assumption clause
A contractual provision dealing with whether a purchaser or transferee may take over an existing loan, mortgage or other obligation and on what conditions. Limits or cautions: A clause may require lender consent, payment of a fee or continued liability of the original obligor. Registration and consumer-protection rules may also apply.
assured
The person whose life, property or legal interest is insured or who is entitled to the benefit of the insurance contract, depending on the policy wording. Limits or cautions: Assured, insured, policyholder and beneficiary may be different people. The policy and insurance statute determine each person’s rights.
at issue
A fact, question or legal point that the parties dispute and that the court must decide in order to resolve the case. Limits or cautions: A matter is not at issue merely because it is mentioned. Pleadings, admissions and procedural orders determine what remains contested.
at large
A phrase whose meaning depends on context, commonly indicating freedom from confinement, a general rather than local application, or an officeholder not assigned to a particular constituency or place. Limits or cautions: The phrase is not a technical definition by itself. The surrounding provision must be read before assigning a legal effect.
attach
To fasten or connect one thing to another, or to take legal control of property through a court or statutory process to secure a claim, judgment or obligation. Limits or cautions: Physical attachment, attachment of property and attachment of a debt are different legal acts. The order and statutory procedure must be identified.
attachment
A legal process that places property, money or a debt under court control to preserve it, secure a claim or enforce a judgment. Limits or cautions: Attachment does not necessarily transfer ownership. Notice, exemptions, priority and release rules apply, and wrongful attachment may attract a remedy.
attachment of risk
The point at which the risk of loss or damage to goods passes from one party to another under a sale contract, carriage contract or insurance arrangement. Limits or cautions: Risk and ownership may pass at different times. The contract, delivery terms and mandatory sale or carriage law control.
attempt
Conduct intended to commit an offence that goes beyond mere preparation but does not complete the offence. The prosecution must prove the required intent and the acts required by the applicable statute. Limits or cautions: An attempt is not established by bad thoughts or every preparatory act. Some statutes create special attempted offences with their own elements and penalties.
attest
To witness the execution of a document or to certify that a signature, act or copy is genuine or correctly made, as required by law. Limits or cautions: The attestation formalities depend on the document. A witness may confirm execution without confirming the truth of every statement in it.
attestation clause
The part of a will or formal instrument recording that the maker signed or acknowledged it in the presence of witnesses and that the required formalities were observed. Limits or cautions: A defective clause may be evidence of execution but cannot cure every failure to comply with mandatory testamentary or registration rules.
attester
A person who witnesses execution of an instrument or certifies a signature, copy or act in the manner required by law. Limits or cautions: The attester’s role is limited to the act witnessed or certified unless the law gives it a wider effect.
attorn
To acknowledge a new landlord or title-holder and agree to hold under that person after a transfer or change in the reversion. The term comes from the common law of landlord and tenant. Limits or cautions: Modern statutes may regulate the same result without using the word attorn. The lease, notice and land-registration law should be checked.
attorney of record
The advocate or lawyer formally recorded as acting for a party in a case and entitled to receive procedural documents for that party. Limits or cautions: A person may change advocates only through the procedure and notice required by the applicable rules, especially after judgment.
auction with reserve
An auction in which the seller or court will not accept a sale below a stated or approved reserve price. Limits or cautions: The reserve may be fixed by the seller, court or valuation procedure. Advertising the auction does not necessarily guarantee a sale to the highest bid if the reserve is not met.
auctioneer
A person who conducts auctions or carries out auction-related enforcement work under a licence issued under the applicable auction law. Kenya’s Auctioneers Act regulates the licensing and practice of auctioneers. Limits or cautions: The office is not uniform across the region. Check whether the sale is a court sale, distress sale, tax or customs sale, or private sale, and confirm the applicable licence and procedure.
authenticate
To establish that a document, signature, record, or other item is what the party presenting it claims it is. Depending on the statute, this may involve a witness, certification, official seal, or an electronic-integrity method. Limits or cautions: Authentication is a gateway question, not proof that the contents are true. Digital records may require additional integrity, certification, or statutory-compliance steps, and the section numbering differs between national evidence laws.
author
The person who creates a copyright work. Whether that person is also the first copyright owner can depend on joint authorship, employment, commissioning, or the type of work under the applicable Copyright Act. Limits or cautions: ‘Author’ and ‘first copyright owner’ are related but are not always identical. Do not decide ownership from the label alone; check the local Act and any employment, commissioning, assignment, or moral-rights rule.
authority coupled with an interest
An authority given to an agent to protect or secure an interest the agent already has in the subject matter, commonly because value or security has been provided. Because it protects that interest, it may be irrevocable while the interest remains. Limits or cautions: It is not every paid agency or power of attorney. The interest must relate to the subject matter or security, and the local court’s treatment, formalities, and underlying transaction control.
automated transaction
An electronic transaction carried out in whole or in part by an automated system or electronic agent without a natural person reviewing each action in the ordinary course. Uganda law recognises contract formation through an electronic agent subject to statutory conditions. Limits or cautions: An automated transaction is not automatically invalid. The result remains subject to statutory conditions, error rules, consumer protection, and the governing contract law. Other states may use ‘electronic agent’ or ‘automated system’ rather than this exact headword.
averment
A factual assertion made in a pleading or court document. It is a statement to be proved or admitted, not evidence by itself. Limits or cautions: Kenyan courts distinguish averments from evidence. A pleading must still state material facts and proper particulars, and exact pleading rules vary between jurisdictions and types of proceedings.
avoidance
The legal process or effect of setting aside a transaction or arrangement that legislation makes reversible, often because it is unauthorised, conflicts with statutory duties, or prejudices a protected interest. It does not mean that every contract disagreement automatically cancels a transaction. Limits or cautions: The grounds, applicant, time limits, effect on third parties, and restitution rules are statutory. Kenya’s Companies Act uses ‘avoidance’ and ‘avoided’ in specific transaction provisions; other states may use ‘voidable transaction’ or ‘setting aside’ instead.
bad character
Evidence about a person’s character that may be used only when the governing evidence rules permit it. It is not a free-standing licence to prove that a person acted badly on the occasion in issue. Limits or cautions: Kenya’s Evidence Act distinguishes relevance, previous convictions and credibility. The court must apply statutory limits and fair-trial rights; admissibility rules differ across East African states.
bad faith
Conduct, a decision or an exercise of power carried out dishonestly, for an improper purpose, or without the honest dealing required by the applicable legal relationship. Limits or cautions: The expression is context-sensitive. In public law it may support review of improper power; in contract or commercial law it may affect performance or remedies. A mistake or breach is not automatically bad faith.
bail
Temporary release of an arrested or accused person while the case continues, usually subject to conditions intended to secure attendance and protect the justice process. Limits or cautions: Kenya Constitution article 49(1)(h) creates a right to bail unless compelling reasons justify refusal. Uganda Constitution article 23(6) operates through a different statutory and judicial framework. Bail is not an acquittal.
bailable
Describes a person or offence for which release before trial may legally be considered, subject to statutory conditions and any compelling reason for detention. Limits or cautions: Bailable does not mean release is automatic. Conditions, exceptions and procedure differ between Kenya, Uganda, Tanzania and Rwanda.
bail revocation
A court’s cancellation of previously granted release, usually because a condition was breached, the accused failed to attend or new circumstances make continued release unsafe or unjustified. Limits or cautions: Revocation is procedural and is not a finding of guilt. The court must act under the applicable criminal-procedure and constitutional safeguards.
balance of convenience
The court’s assessment of which side would suffer the greater practical harm if an interim order were granted or refused, after the requirements for interim relief are considered. Limits or cautions: It is not a substitute for a prima-facie case and irreparable harm where those requirements apply. The sequence and wording of the test comes from each jurisdiction’s injunction jurisprudence.
balance sheet
A company’s financial statement showing its assets, liabilities and equity at a stated date, prepared and kept as part of the company’s accounting records. Limits or cautions: Required form, approval, audit and filing obligations depend on company size and jurisdiction. It is not the same as an income statement or cash-flow statement.
balancing test
A judicial method of deciding whether a limitation or exercise of public power is justified by weighing the protected right or interest against the public purpose and severity of interference. Limits or cautions: Kenya’s Constitution permits limitation only under article 24. “Balancing test” is shorthand; the constitutional analysis must still be followed.
ballot
The legally authorised means by which a voter records a choice in an election, including the ballot paper and the process by which votes are counted. Limits or cautions: The Constitution protects a free, fair and regular election and a secret ballot. The Elections Act and regulations govern design, custody, counting, rejected ballots and declaration.
ballot box
The secure container used at a polling station for depositing ballots before counting, sealing, transport or another step required by election law. Limits or cautions: Its legal significance lies in chain of custody and electoral integrity. Rules on seals, storage, transport and opening are jurisdiction-specific.
Bamako Convention
An African treaty that restricts the import of hazardous wastes into Africa and controls their transboundary movement, with duties aimed at protecting human health and the environment. Limits or cautions: Party status is state-specific and the Convention does not automatically operate as a domestic criminal code. Domestic effect depends on each state’s constitutional and legislative arrangements. It is distinct from the Basel Convention.
bank
A licensed financial institution authorised to receive deposits or carry on the banking business identified by the applicable banking statute. Limits or cautions: The legal definition is not identical throughout East Africa. Kenya and Uganda use separate licensing and institutional categories.
bank account
An account maintained with a licensed bank through which deposits, withdrawals, transfers, credits and charges are recorded under the account contract and banking law. Limits or cautions: Duties concerning confidentiality, suspicious transactions, freezes, disclosure and customer due diligence arise from several statutes and regulations, not from the label alone.
banker
In banking and evidence legislation, a banker is a bank or person carrying on the regulated banking business, with the precise meaning controlled by the statute in which the term appears. Limits or cautions: The word can mean the institution or an individual employee depending on context. Bankers’ books legislation and banking legislation use related but different concepts.
banking
The regulated business of receiving deposits or other repayable funds, providing credit and carrying out financial services permitted to a licensed institution. Limits or cautions: The licensing perimeter varies. Payment services, microfinance, insurance and securities dealing may be separately regulated even when performed by a bank.
banking day
A day on which the relevant banking business is open for the transaction or presentment required by the applicable commercial-instrument rules. Limits or cautions: The result may depend on the instrument, place of presentment, public holidays and computation rules. Not every ordinary business day is a banking day for every purpose.
banknote
A note issued under the authority of a central bank as part of the country’s lawful currency and monetary system. Limits or cautions: A banknote is not simply any promissory note issued by a bank. Issuing, reproducing or counterfeiting notes is governed by central-bank and criminal legislation.
bankrupt
A person who has been made bankrupt under the Insolvency Act or who is treated by that Act as subject to the legal consequences of bankruptcy. Limits or cautions: Bankruptcy is a legal status created through the statutory process; ordinary financial difficulty is not enough. Kenya’s current framework is the Insolvency Act 2015.
bankruptcy case
A court or statutory insolvency matter concerning the bankruptcy of an individual debtor, including petition, adjudication, estate administration and discharge. Limits or cautions: The Act distinguishes bankruptcy from company liquidation and administration. The procedure depends on whether the debtor is an individual, company or another recognised entity.
bankruptcy crime
An offence committed in connection with bankruptcy, such as concealing property, making a false statement, fraudulently disposing of assets or obstructing insolvency administration. Limits or cautions: The offence must be found in the current insolvency or criminal statute. Blameworthy conduct is not automatically a bankruptcy crime without the required elements and proof.
bankruptcy estate
The property and interests that the Insolvency Act places under the control or administration of the trustee for dealing with the bankrupt’s debts. Limits or cautions: Exemptions, after-acquired property, jointly held property and third-party property require separate analysis. The estate is not simply everything physically possessed by the bankrupt.
bankruptcy law
The body of law governing bankruptcy, creditor claims, trustees, the debtor’s estate, distribution, offences, discharge and court supervision. Limits or cautions: East African states use different combinations of bankruptcy, insolvency, liquidation and administration legislation. Kenya’s framework should not be treated as a statement of Ugandan, Tanzanian, Rwandan or South Sudanese law.
bankruptcy proceeding
Any court or statutory step under the bankruptcy framework, including filing, hearing, adjudication, trustee administration, creditor participation and discharge. Limits or cautions: The label does not identify one single hearing. Identify the particular application, order, time limit and appeal right under the Act and rules.
banns of matrimony
A formal public notice of an intended marriage, used to give a legally recognised opportunity for objections before marriage is solemnised where the applicable system requires or permits banns. Limits or cautions: The Marriage Act recognises several marriage systems and does not make banns universal. Notice, licence, publication and objection rules differ by marriage type and jurisdiction.
bar
The professional community of persons admitted and authorised to practise as advocates or legal practitioners in a jurisdiction. Limits or cautions: East African systems usually regulate admission as advocates or legal practitioners rather than using the exact English barrister-solicitor division. “At the bar” is therefore a professional expression whose consequences depend on local admission law.
bar association
A statutory or recognised professional organisation representing advocates, supporting professional standards and carrying out functions assigned by its constituting law. Limits or cautions: Kenya’s statutory body is the Law Society of Kenya. It is not the same as the regulator that admits advocates or the court that grants audience. Other East African states use different structures.
bar examination
The professional examination or qualifying assessment that an applicant must pass, together with other statutory requirements, before admission to practise as an advocate. Limits or cautions: Passing the examination alone does not create a right to practise. Kenya’s admission process also involves academic, practical-training, application and admission requirements.
bargain
A negotiated agreement in which parties settle the terms on which goods, services, property or another legal benefit will be exchanged or provided. Limits or cautions: “Bargain” is broader than a completed sale and does not itself prove consideration, capacity, authority or enforceability. The applicable contract and sale-of-goods statute controls.
bargaining agent
A trade union or other legally recognised representative authorised to negotiate employment terms on behalf of a defined group of employees. Limits or cautions: Recognition, representativeness, registration and the scope of the mandate are statutory questions. A union’s existence does not automatically give it exclusive bargaining rights in every workplace.
bargaining unit
The group of employees treated as a unit for collective bargaining with an employer or employers under the labour-relations framework. Limits or cautions: The unit is shaped by the recognition agreement, union constitution, employer structure and statutory rules. It is not necessarily identical to a department or workplace.
based on
Describes a work or adaptation that takes its legally relevant expression or structure from an earlier work or source, subject to the copyright statute’s tests. Limits or cautions: Similarity alone is not enough. Copyright analysis asks what protected expression was taken, whether the later work is an adaptation or reproduction and whether an exception applies.
baseline
The line from which a coastal state measures the breadth of its territorial sea and certain other maritime zones under the law of the sea. Limits or cautions: The normal baseline is the low-water line, subject to rules on bays, straight baselines, islands and archipelagos. Uganda and Rwanda have no coast, while Kenya and Tanzania exercise maritime jurisdiction subject to UNCLOS and domestic law.
bearer
The person who possesses a negotiable instrument payable to bearer or indorsed in blank and may enforce it subject to the Bills of Exchange Act. Limits or cautions: Possession is central, but a holder may still face defences, defects in title or statutory limits. “Bearer” in negotiable-instrument law is not a person merely carrying a document.
bearer bill of lading
A bill of lading drafted or endorsed so that delivery of the goods may be made to the bearer in accordance with carriage and negotiability rules. Limits or cautions: The document’s effect depends on its wording, endorsement, possession and governing carriage law. A sea waybill or non-negotiable bill is not transformed into a bearer bill merely because it accompanies cargo.
bill of lading
A document issued for carriage of goods by sea that records receipt or shipment, evidences the contract of carriage and may, depending on its form, represent control or title to the goods. Limits or cautions: Rights of the holder, carrier and consignee depend on the document’s terms, endorsement and governing maritime statute or treaty. Kenya and Tanzania have related but separate regimes.
before the fact
Describes assistance, counselling or procurement given before another person commits an offence, where the applicable criminal law makes that prior involvement relevant. Limits or cautions: The older expression is not a complete offence by itself. Liability depends on statutory rules on participation, intention, knowledge and the principal offence; modern statutes may use aiding, abetting or common intention.
bench warrant
A warrant issued by a court or judge directing law-enforcement officers to arrest a person, commonly because the person failed to attend, disobeyed a court order or is otherwise required before the court. Limits or cautions: The grounds, form, execution and cancellation rules are procedural and jurisdiction-specific. A bench warrant is not a conviction and must respect constitutional safeguards on arrest and liberty.
beneficial holder of securities
A person who ultimately owns, controls or enjoys the economic benefit of securities even though registered title may stand in another name. Limits or cautions: East African laws usually use beneficial owner or beneficial ownership. Registration, disclosure and control tests differ.
bequeath
To give property to a person or institution through a valid will taking effect on the testator’s death. Limits or cautions: A will must satisfy formal and capacity rules, and gifts may be reduced to protect dependants.
bequest
Property or an interest in property left to a beneficiary by a will. Limits or cautions: Treatment depends on whether the gift is specific, general or residuary and on debts and protected dependants.
Berne Convention
The multilateral copyright treaty requiring member states to protect qualifying literary and artistic works according to minimum treaty rules. Limits or cautions: Membership and implementing legislation must be checked for each East African state.
Berne Paris Act
The 1971 revision of the Berne Convention, as amended, containing the treaty obligations used by present members of the Berne Union. Limits or cautions: This is a treaty revision, not a separate domestic copyright offence.
Berne Union
The community of states participating in the Berne Convention system for international protection of literary and artistic works. Limits or cautions: It describes treaty membership, not a separate East African institution. Confirm each state’s current status.
best-evidence rule
The preference for original or other primary evidence when proving the contents of a record, subject to statutory exceptions for copies and other secondary evidence. Limits or cautions: Evidence statutes differ. It is not an automatic exclusion of every copy; the statutory exception and facts control.
best interests of creditors
A standard asking whether an insolvency step is likely to produce a better or fairer outcome for creditors as a group than the realistic alternative. Limits or cautions: It does not mean every creditor receives the same amount; priority, security and costs remain relevant.
best interests of the child
The requirement that a decision affecting a child treat the child’s welfare, rights, safety, development and relevant views as a primary consideration. Limits or cautions: It is a structured assessment, not an adult preference. National procedures differ, with the CRC providing treaty context.
best-interests-of-the-child doctrine
A doctrine requiring courts and public authorities to make child-related decisions through a child-centred assessment. Limits or cautions: There is no single checklist across East Africa; the applicable national law controls the factors and procedure.
beyond a reasonable doubt
The high level of proof required before a criminal court may convict: guilt must be established so that a properly directed court has no reasonable doubt on the proved facts. Limits or cautions: It is not proof beyond every fanciful doubt. Appellate courts explain the standard within each national system.
bias
A disqualifying inclination or appearance of partiality that may prevent a judge, tribunal or public decision-maker from acting impartially. Limits or cautions: An adverse decision alone is not bias. Courts distinguish actual bias, apparent bias, prior involvement and personal interest.
BIC
An abbreviation for best interests of the child, the child-centred standard used in constitutional, statutory and treaty-based child protection. Limits or cautions: BIC is not a separate legal test; the national statute determines the procedure and factors.
bicameral
Describes a legislature divided into two chambers that participate in law-making under the constitution. Limits or cautions: Kenya’s Parliament is bicameral under Articles 93–96. Other East African states use different legislative structures.
bid
A formal offer submitted in response to a procurement invitation, stating the proposed price, goods, works or services and compliance with requirements. Limits or cautions: A bid is not necessarily accepted because it is lowest; responsiveness, evaluation and challenge rules apply.
bid and asked
A market quotation showing the price at which a participant is prepared to buy a security and the price at which a participant is prepared to sell it. Limits or cautions: This is securities-market usage, not public procurement. Market rules determine quotation duties.
bigamous
Describes a marriage or marital conduct involving a person who contracts another marriage while a legally recognized marriage remains subsisting. Limits or cautions: The result depends on the type of marriage and governing statute; different marriage systems have different rules.
bigamy; a bigamist
Bigamy is contracting a further marriage while a prior legally recognized marriage has not ended; a bigamist is the person who does so. Limits or cautions: The offence and exceptions differ between national marriage and penal laws.
bilateral contract
A contract in which each party undertakes an obligation in return for the other party’s obligation or performance. Limits or cautions: The label is common in civil-law terminology; common-law statutes may simply say contract or agreement.
Bill of costs
A formal itemized statement of legal costs submitted for assessment or taxation so the amount payable can be determined. Limits or cautions: It is not automatically recoverable in the amount claimed; objections, notice and taxation rules apply.
bill of lading
A document for carriage of goods recording receipt and terms of carriage and which may, depending on its form and governing law, represent control or title to the goods. Limits or cautions: It is not an invoice or customs entry. Carrier, shipper, consignee, negotiability and applicable carriage law determine its effect.
bill of particulars
A detailed statement explaining the facts, transaction or allegation in a charge or pleading so the opposing party can understand and answer the case. Limits or cautions: Current procedure often uses particulars of the charge or pleading rather than this older expression.
bill of rights
The part of a constitution setting out fundamental rights, freedoms, limitations and enforcement mechanisms. Limits or cautions: Content and remedies differ by constitution. Kenya places its Bill of Rights in Chapter Four.
bill of sale
A written instrument transferring an interest in personal property or securing payment by granting an interest in specified goods under Bills of Sale law. Limits or cautions: Registration, notice, possession and enforcement requirements vary; a general sale agreement is not automatically a bill of sale.
bills in a set
A set of separately numbered counterparts issued together as one bill of exchange, with rules designed to prevent double payment or inconsistent enforcement. Limits or cautions: The counterparts are not separate debts simply because they are separately printed.
binding
Having legal force so that a person or institution must comply, or so that a rule or decision controls later action within its lawful scope. Limits or cautions: The source of authority, jurisdiction, parties and procedural validity determine whether something is binding.
bind over
To require a person to enter a recognisance or undertaking, usually to keep the peace, be of good behaviour or attend court when required. Limits or cautions: It is procedural and is not the same as conviction or a custodial sentence.
biological
Relating to living organisms, their genetic material, biological processes or products derived from them in a regulated scientific, health or environmental context. Limits or cautions: The statute controls the meaning; biosafety laws distinguish organisms, genetic material, biological material and biotechnology.
biological material
Material of biological origin, including cells, tissues, microorganisms or genetic material, within the scope of biosafety, health, research or environmental law. Limits or cautions: Ownership, consent, transfer, containment and research approvals depend on the applicable national framework.
biotechnology
The application of biological systems or organisms, including genetic-engineering techniques, to develop or modify products, organisms or processes. Limits or cautions: An activity may also be regulated as genetic engineering, biosafety research, contained use or environmental release.
birth
The legally registrable event of a child’s live birth, including information required by the civil-registration system about the child and parents where applicable. Limits or cautions: Registration deadlines, late registration, parentage and nationality consequences are governed by separate civil-status laws.
birth certificate
An official certificate or certified extract issued from the birth register to prove the recorded details of a birth. Limits or cautions: It proves what is recorded, not necessarily every disputed fact about parentage or nationality.
birth parent
A parent connected with the child by birth, distinguished where necessary from an adoptive parent or other person with parental responsibility. Limits or cautions: Parentage, parental responsibility and adoption can have different consequences under child, nationality and succession laws.
B/L
A common abbreviation for bill of lading, the carriage document used for goods transported by sea or another covered mode. Limits or cautions: The abbreviation does not change the document’s legal effect; the actual instrument and governing law must be examined.
blackmail
A criminal demand for money or another advantage made with threats or menaces in the circumstances defined by the Penal Code. Limits or cautions: A rude, embarrassing or commercially forceful demand is not automatically blackmail; the statutory threat, demand and mental element must be proved.
blood alcohol content
The measured concentration of alcohol in a person’s blood, used under road-traffic law and evidence rules to assess unlawful driving. Limits or cautions: States use different limits, testing procedures and evidential presumptions.
blood test
A scientific examination of a blood sample used to establish a fact such as alcohol concentration, biological relationship, disease or another legally relevant condition. Limits or cautions: Collection, consent, warrants, chain of custody, laboratory reliability and privacy rules differ by context.
board
A formally constituted group given collective powers or duties by a statute, charter, company constitution or other lawful instrument. Limits or cautions: The word alone does not identify the board’s powers; its constituting law, membership, quorum and accountability must be checked.
board of trustees
A group of trustees acting collectively to hold, administer or apply property for the purposes of a trust or incorporated charitable body. Limits or cautions: Trustee powers arise from the trust instrument and statute. Incorporation does not erase fiduciary duties.
body
In legal usage, body may mean an organized entity such as a body corporate or public body, or the main operative part of a legal instrument or pleading. Limits or cautions: The surrounding statute determines whether it means a corporation, public authority, association, instrument or substantive text.
body of a county
The county considered as a devolved government unit, rather than only its assembly, executive or administrative offices. Limits or cautions: Article 176 describes county government as consisting of a county assembly and a county executive. The phrase is explanatory; the Constitution and County Governments Act supply the operative structure.
bolster
To add material or argument intended to support an existing case, document or item of evidence. Limits or cautions: This is a descriptive court expression, not a standalone offence or cause of action. Relevance and admissibility rules still apply.
bona fide
Acting honestly and without a known defect, fraud or improper purpose. In land transactions, a bona fide purchaser must satisfy the applicable statutory and judicial conditions. Limits or cautions: The phrase does not remove the need for due diligence. Registered title remains subject to statutory exceptions, including fraud or misrepresentation in acquisition.
bond
A written undertaking or financial security securing attendance, performance, payment or repayment. In capital markets, a bond is also a debt security issued to investors. Limits or cautions: A court bond is not the same as a corporate or government bond. The instrument and governing statute control default and enforcement.
bond conversion
Changing a bond into another security or asset under the issue terms, such as exchanging convertible debt for shares. Limits or cautions: Conversion is not automatic. The issue terms, disclosure document, holder rights and capital-markets approvals control.
bond coupon
The stated interest entitlement attached to a debt security, or the record used to claim an interest payment. Limits or cautions: The rate, payment dates and default consequences come from the bond terms. A coupon is not the principal or face value.
bond covenant
A promise in the bond terms requiring the issuer to act or restricting what the issuer may do while the debt remains outstanding. Limits or cautions: The effect depends on the issue terms. A breach may trigger contractual remedies or acceleration, but not every breach makes the bond immediately payable.
bonded
Describes a person, obligation or transaction secured by a bond or placed under a legally enforceable undertaking. Limits or cautions: The word does not identify the type of security. The underlying bond, surety and enforcement rules must be examined.
bondholder
A person or entity recorded as holding a bond and entitled to the rights attached to that issue, subject to the issue terms and securities law. Limits or cautions: The registered holder, beneficial owner, nominee and trustee may differ. Settlement and disclosure rules determine how rights are exercised.
bond indenture
The main contract or trust instrument setting out bondholder rights and issuer duties, including repayment, interest, security, covenants and default. Limits or cautions: Kenyan instruments may use a trust deed, information memorandum or other issue document rather than these exact words.
bond rating
An assessment of the credit risk associated with a bond or issuer, usually expressed through a rating scale supplied by a recognised provider. Limits or cautions: A rating is an opinion about credit risk, not a guarantee. A rating requirement may apply to a particular offer and not every private debt transaction.
bondsman
A person who undertakes responsibility for a person released on bail or bond, or provides the security required by a court. Limits or cautions: Modern statutory language often uses “surety” or “security”. Liability depends on the court order and criminal-procedure rules.
book account
A record showing the transactions, debits, credits or balance of a business or other undertaking. Limits or cautions: Its legal importance depends on the statute and purpose for which it is produced. It is not automatically conclusive proof of every entry.
book entry
A recorded item in an accounting or securities record showing a transaction, balance, entitlement or change in ownership. Limits or cautions: Electronic records may perform the same function as paper entries. Authenticity and inspection are governed by the relevant records and evidence rules.
bookmaker
A person or business licensed to receive or facilitate bets on the outcome of events, subject to gambling controls. Limits or cautions: A bookmaker must comply with licensing, premises, advertising, age, taxation and responsible-gambling requirements under the current framework.
bookmaking
The business activity of accepting, recording or settling bets on the outcome of an event. Limits or cautions: Legal status depends on licensing and the particular activity. It is distinct from a lawful lottery or gaming activity regulated under a separate licence.
book of original entry
The first accounting record in which a transaction is entered before it is posted or summarised in a ledger or financial statement. Limits or cautions: Public finance and company legislation often speaks more generally of accounting records or books of account. The exact books required depend on the entity and accounting framework.
border
The territorial line or zone separating states, across which customs, immigration, health, security and other controls may operate. Limits or cautions: A border is not necessarily a single barrier. EAC arrangements coordinate controls while each Partner State retains national immigration and security powers.
border control
The official checking and regulation of people, goods, vehicles and documents entering or leaving a state. Limits or cautions: Customs and immigration control are related but not identical. One-stop arrangements coordinate agencies without abolishing national entry requirements.
bordereau
A periodic statement listing insured or reinsured risks, premiums, claims or other information required by an insurance arrangement. Limits or cautions: Contents and reporting intervals are contractual or regulatory. The policy, treaty and Insurance Act requirements control.
borrow
To receive money or property with an obligation to return it, repay its value or comply with agreed loan conditions. Limits or cautions: A loan may be regulated as consumer credit, banking business, microfinance or private contract. Interest, security and enforcement depend on the transaction.
borrower
The person or entity receiving money or credit and owing repayment or another agreed performance to the lender. Limits or cautions: Rights and duties vary between consumer credit, mortgage, banking, microfinance and private lending. A guarantor is not necessarily the borrower.
borstal
A custodial or rehabilitative institution for young offenders under the child-justice and correctional framework. Limits or cautions: The term reflects older statutory language. Current child justice requires attention to age, best interests, diversion and rehabilitation.
bounced check
A cheque presented for payment but refused because the account, authority or funds do not support payment. Limits or cautions: Dishonour alone does not decide criminal liability. The statutory offence, notice requirements, drawer’s knowledge and surrounding transaction must be established.
bound
Describes a legal limit, obligation or boundary restricting conduct or identifying the extent of land or authority. Limits or cautions: The word is context-dependent. A person may be bound by a contract or order, while land is bounded by surveyed or legally recognised limits.
boundary
A legally recognised line or feature separating parcels of land, administrative areas or states. Limits or cautions: A boundary dispute is resolved by survey, registration, adjudication and evidence rules. A fence or tree is not always conclusive proof of the legal line.
boundary traffic
The movement of persons, goods, vehicles or means of transport across an international boundary. Limits or cautions: EAC instruments facilitate movement but do not create one undifferentiated national border regime. Customs, immigration, health and security controls may still apply.
bounded tree
A tree or other physical feature used as evidence of the limit or corner of a parcel of land. Limits or cautions: A tree is evidence, not necessarily the legal boundary. Registered survey records and official boundary determination take priority where they conflict.
boycott
A coordinated refusal to buy from, sell to or otherwise deal with a person or undertaking, sometimes used to isolate or pressure that target. Limits or cautions: A boycott may be lawful in ordinary social life but unlawful as an anti-competitive agreement or abuse. The Competition Act focuses on purpose and effect.
branch
A separate place or operational division through which a company or institution conducts part of its business, without necessarily being a separate legal person. Limits or cautions: A branch is different from a subsidiary. Registration, tax, licensing and authority to bind the principal depend on the sector and entity form.
breach
Failure to comply with a legal duty, contractual promise, court order, trust obligation or other enforceable requirement. Limits or cautions: The remedy depends on the source of the obligation. No single remedy follows every breach.
breach of contract
Failure, refusal or anticipatory refusal to perform a contractual promise in the manner and time required by the agreement or law. Limits or cautions: Assessment depends on the contract, implied obligations, variations and valid limitation clauses. The remedy must be supported by law.
breach of covenant
Failure to comply with a promise attached to land, a lease, a mortgage or another legal instrument. Limits or cautions: A covenant may be positive or restrictive and may bind successors only under applicable property rules. The lease or registered instrument must be read.
breach of duty
Failure to do what a legal duty requires, whether the duty arises from statute, contract, office, employment, negligence or fiduciary relationship. Limits or cautions: The claimant must identify the duty, source, standard, loss and remedy. A moral complaint is not automatically actionable.
breach of trust
A trustee’s failure to follow the trust instrument or meet duties such as loyalty, proper administration and protection of trust property. Limits or cautions: Liability depends on trust terms, applicable trust legislation, authorisation, consent, limitation and the relief sought.
breach of warranty
Failure to comply with a promise about quality, condition, title, description or performance of goods or another contracted subject matter. Limits or cautions: A warranty is not always a condition permitting rejection. The Sale of Goods Act and contract determine the remedy.
breaking
The act of gaining entry to a building or place by overcoming a barrier or opening without lawful authority, especially in housebreaking or burglary. Limits or cautions: The prosecution must prove the statutory elements, including premises, manner of entry and intention. Ordinary entry followed by later wrongdoing is not automatically breaking.
Breathalyzer
A device used to test alcohol in a driver’s breath for enforcing drink-driving law. Limits or cautions: Evidential value depends on lawful stopping, an authorised device, proper operation, calibration and statutory procedure.
breath test
A test of a driver’s breath to determine whether alcohol is present or exceeds the legally permitted level. Limits or cautions: The power to require a test is distinct from evidential use of the result. Refusal, procedure and later specimen testing may have separate consequences.
burglary
Unlawfully entering or remaining in a building, usually with the intention of committing a crime inside, in circumstances defined by the applicable Penal Code. Limits or cautions: Elements differ between Uganda and Kenya, including treatment of housebreaking, dwelling houses, night entry and intended offence. The place of conduct controls.
bribe
Money, gift, favour, benefit or other advantage offered, promised, given, requested or received to influence an improper act or omission. Limits or cautions: Statutory definitions may cover non-cash advantages and public or private conduct. The link between advantage and function must be proved.
bribery
Giving, offering, promising, requesting or receiving an advantage to influence improper performance of a function or obtain an unlawful benefit. Limits or cautions: Kenya and Uganda use different offence structures and institutions. Cash is not required, and public office is not the only relevant setting.
brief
A written document setting out a party’s facts, legal arguments, issues and authorities for a court. Limits or cautions: A brief is not evidence merely because it contains an assertion. Filing, service, length and contents are controlled by court rules and directions.
bring an action
To start a court proceeding by presenting a claim in the form and manner required by procedural law. Limits or cautions: Forum, limitation, jurisdiction, pleading and service requirements must be satisfied. A demand letter or agency complaint is not necessarily a court action.
broker
A person or licensed intermediary who brings parties together or executes transactions for a client, usually for commission and subject to regulatory duties. Limits or cautions: Securities, insurance, customs and real-estate brokers may be regulated differently. A broker does not automatically bind a principal in every transaction.
brokerage
The business or service of arranging or executing transactions through a broker, or the commission charged for that service. Limits or cautions: Licensing, disclosure, client-money, conflict and commission rules depend on the sector.
brokerage contract
An agreement under which a broker is engaged to find a buyer, seller, investor or transaction and is paid commission or other remuneration. Limits or cautions: The mandate should identify authority, commission, exclusivity, expenses and when commission is earned. Sectoral licensing rules may also apply.
broker-dealer
A securities intermediary that may execute trades for clients and may also buy or sell securities for its own account, subject to licensing and conduct rules. Limits or cautions: A broker acting as agent and a dealer acting as principal have different conflict and disclosure duties.
brothel
Premises used for prostitution or activities criminalised by applicable sexual-offences and Penal Code provisions. Limits or cautions: The offence may attach to keeping, managing, knowingly permitting or using premises, depending on the statute. The statutory elements, not moral disapproval, control.
buggery
A statutory label used in Uganda’s criminal law for specified sexual conduct. Its meaning, elements and penalty come from legislation, not ordinary usage. Limits or cautions: The term is jurisdiction-specific and legally contested. The Anti-Homosexuality Act, 2023 and constitutional and human-rights litigation must be checked alongside the Penal Code.
building
A structure or constructed premises regulated by building-control law, and in criminal law a place that may fall within offences involving entry, damage or use. Limits or cautions: Meaning changes between building control, planning, taxation, land law and the Penal Code. Temporary structures may be treated differently.
building code
Legally enforceable technical and administrative requirements governing design, construction, alteration, use and safety of buildings. Limits or cautions: A code may be contained in regulations, incorporated standards or planning instruments. It does not replace title, planning approval or a building permit.
building line
A line or prescribed distance from a road, boundary or other reference point beyond which building may be restricted or prohibited. Limits or cautions: It may be fixed by an approved plan, road reserve, planning instrument or building-control requirement. It cannot be inferred from neighbouring buildings alone.
building permit
The official approval required before carrying out a building operation covered by the Building Control Act. Limits or cautions: Uganda’s Act prohibits building operations without a valid permit issued through the statutory system. A permit does not cure defective title or unsafe work.
budget
A formally prepared estimate of public revenue, expenditure and financing for a defined financial period, together with approvals and controls making spending lawful. Limits or cautions: A budget estimate is not the same as an appropriation or authority to spend. National and county processes have separate stages.
buffer zone
An area established between activities, habitats, water bodies or land uses to reduce harmful effects and protect a more sensitive area. Limits or cautions: Width, permitted activities and responsible authority depend on the protected resource and instrument creating the zone. It is not automatically a public acquisition of land.
building restrictions
Legal limits on what may be built, altered or used on land. In East African practice these limits are usually imposed through a physical development plan, development permission, a building permit, building standards or a local planning instrument. Limits or cautions: This is a functional glossary label rather than one uniform statutory definition. Uganda regulates building operations through approval and inspection under the Building Control Act; Kenya uses development permission and physical and land use planning controls. The particular restriction depends on the applicable plan, authority and permit conditions. This entry provides general legal information and is not legal advice.
building society
A member-based financial institution established under building society legislation to receive member funds and provide housing or other secured finance in the manner authorised by the Act. Limits or cautions: Kenya has a specific Building Societies Act and regulatory structure. The expression should not be treated as interchangeable with a bank, SACCO or microfinance institution in another East African state unless that state’s law gives it the same status. This entry provides general legal information and is not legal advice.
burden
The responsibility placed on a party to establish a fact, issue or legal proposition. It may refer to the ultimate responsibility of convincing the court or to the preliminary responsibility of producing enough evidence to make an issue live. Limits or cautions: Burden is not the same as standard of proof. The burden identifies who must do the proving; the standard describes how convincing the evidence must be. Criminal and civil proceedings also allocate burdens differently. This entry provides general legal information and is not legal advice.
burden of persuasion
The responsibility to convince the court that a fact or proposition is proved to the required standard. If the party carrying this burden does not satisfy it, that party normally loses on the issue. Limits or cautions: East African statutes commonly express the rule as a burden to prove a fact rather than using this label. In criminal cases the prosecution ordinarily carries the persuasive burden for the elements of the offence, subject to lawful statutory exceptions and constitutional protections. This entry provides general legal information and is not legal advice.
burden of production
The responsibility to bring forward enough evidence to place an issue before the court or to prevent the court from deciding it against the party without considering the issue. Limits or cautions: Meeting this burden does not necessarily prove the issue. It may only require evidence sufficient to raise a genuine question or a prima facie case. The legal burden may remain with the other party after the issue has been raised. This entry provides general legal information and is not legal advice.
burden of proof
The obligation to prove a disputed fact or charge. In a criminal case, the prosecution normally must prove the charge beyond reasonable doubt; in a civil case, the party asserting the claim normally proves it on the balance of probabilities, unless a statute or recognised rule changes the allocation. Limits or cautions: The constitutional presumption of innocence limits reversal of the criminal burden. A statutory presumption or defence may place an evidential burden on an accused person without transferring the prosecution’s ultimate duty to prove the offence. This entry provides general legal information and is not legal advice.
business
Commercial activity carried on as a trade, profession, occupation or other continuing activity for gain. The precise statutory meaning depends on the Act: a tax, licensing, company, competition or registration law may give the word a different reach. Limits or cautions: A person can be carrying on a business without being incorporated as a company. Conversely, a registered business name does not itself create a separate legal person or limited liability. This entry provides general legal information and is not legal advice.
business combination
A transaction in which two or more businesses are joined, one business acquires control of another, or their assets or operations are combined. East African competition statutes usually analyse the transaction as a merger, acquisition or control rather than using this exact label. Limits or cautions: The legal consequences depend on the structure and the jurisdiction. Kenya’s Competition Act may require merger notification, while company legislation governs arrangements, share transfers and corporate approvals. A commercial combination is not automatically lawful merely because the companies consent. This entry provides general legal information and is not legal advice.
business name
The name or style under which a person, firm or other business carries on business when that name is not simply the person’s own name or the registered corporate name of a company. Limits or cautions: Registration records the name and supports public disclosure; it does not by itself create a company, confer limited liability or settle all trademark and passing-off disputes. Kenya uses a specific registration statute, while other East African states may place the same function in companies or enterprise-registration legislation. This entry provides general legal information and is not legal advice.
business record
A record created, received or kept as part of an organisation’s ordinary business activities, such as an account, invoice, register, transaction record or electronic record. Limits or cautions: The fact that a document is held by a business does not automatically make it reliable or admissible. The court may require proof of regular creation, custody, authenticity, relevance and compliance with the applicable evidence statute. This entry provides general legal information and is not legal advice.
business-records exception
An evidential rule that may allow a statement or record made in the ordinary course of business to be received even though the person who made it is not called to testify, provided the statutory conditions are met. Limits or cautions: It is an exception to the hearsay rule, not a shortcut around authentication. The court may still exclude a record that is unreliable, irrelevant, improperly certified or outside the statutory conditions. Electronic records may attract additional requirements. This entry provides general legal information and is not legal advice.
business tenancy
A tenancy under which premises are occupied for trade, business or related commercial activity. In Kenya, a business tenancy may fall within statutory control if it meets the definition and conditions of a controlled tenancy. Limits or cautions: This general label should not be treated as a universal East African category. Kenya’s statute uses “business premises” and “controlled tenancy”; the statutory notice, reference and termination protections depend on the Act and the terms of the particular tenancy. This entry provides general legal information and is not legal advice.
buyer
The person who buys or agrees to buy goods under a contract of sale. The buyer’s rights and duties depend on the contract, the goods legislation and any applicable consumer-protection rules. Limits or cautions: Buyer is not always the same person as the payer, consignee, consumer or end user. In a business chain, different statutes may allocate obligations to the seller, importer, distributor or consumer separately. This entry provides general legal information and is not legal advice.
byelaw
A rule made by a lower local council under lawful delegated authority to regulate matters within the council’s powers and functions. Limits or cautions: Ugandan law uses “byelaw” and requires consistency with the Constitution, Acts of Parliament, district ordinances and higher-level byelaws. Approval, certification, publication and commencement requirements matter; a council cannot use a byelaw to legislate on matters outside its lawful powers. This entry provides general legal information and is not legal advice.
bylaw
A subordinate rule made by a local authority or another body under power granted by a higher law. It normally applies only within the authority’s lawful area or institutional mandate. Limits or cautions: Spelling and institutional practice differ. Uganda’s Local Governments Act uses “byelaw”; other East African legislation and local instruments may use “by-law” or “bylaw”. The label does not remove the need for enabling authority, consistency with superior law and lawful publication. This entry provides general legal information and is not legal advice.
burglary
An offence involving unlawful breaking into, or entering, a building or premises with the intention required by the applicable Penal Code, commonly an intention to commit a felony or steal. The elements and penalties are jurisdiction-specific. Limits or cautions: Kenya and Uganda retain related but not identical statutory wording and offence classifications. Do not import a United States “degrees of burglary” model. The prosecution must prove the statutory elements, including the relevant entry, breaking and intent requirements. This entry provides general legal information and is not legal advice.
buy-back clause
A contractual term or statutory arrangement under which a person or company may be required or entitled to buy back an asset, shares or another interest on stated conditions. Limits or cautions: Company legislation may regulate a company’s purchase or redemption of its own shares rather than use the phrase “buy-back clause”. A clause must therefore be read with company-maintenance, solvency, shareholder-approval, securities and consumer-protection rules applicable in the jurisdiction. This entry provides general legal information and is not legal advice.
void contract
An agreement that the law will not enforce. Uganda’s Contracts Act uses the defined expression “void agreement” for an agreement that is not enforceable by law. A contract is an agreement enforceable by law, so the statute distinguishes an unenforceable agreement from an enforceable contract. Limits or cautions: In Uganda, “void contract” is not the defined statutory label; the statutory equivalent is “void agreement”. Whether a particular agreement is void, voidable, or merely unenforceable depends on the relevant ground and provision.
assigned counsel
A lawyer appointed and paid for by the State to represent an accused person in circumstances set by the constitution. Kenya’s Constitution requires this where substantial injustice would otherwise result. Uganda’s Constitution guarantees legal representation at State expense to a person charged with an offence carrying the death penalty. Limits or cautions: The test differs. Kenya’s constitutional right is not automatic in every criminal case; the substantial-injustice threshold applies. Uganda’s express constitutional guarantee is tied to a charge carrying the death penalty. Other legislation or legal-aid programmes may provide additional help.
audit committee
A committee that reviews audit work, internal controls, financial reporting, compliance, and risks, then advises the responsible accounting officer or board. Uganda’s Public Finance Management Act assigns these oversight functions to audit committees in government votes and sectors. Limits or cautions: The legal mandate depends on the entity. A public-sector audit committee under the Public Finance Management Act is not automatically the same as an audit committee required for a bank or private company under its sector law.
bilateral contract
A contract in which each party makes a promise that forms all or part of the consideration for the other party’s promise. Uganda’s Contracts Act calls these “reciprocal promises” and sets rules for when and in what order they must be performed. Limits or cautions: “Bilateral contract” is a useful descriptive label, while the Ugandan Act defines “reciprocal promises”. The legal consequences turn on the promises and statutory rules, not on the label alone.
but-for cause
A cause is a “but-for” cause when the harm would not have happened without the defendant’s act or omission. In Rotich v Mutai, the High Court treated the test as asking whether the defendant’s negligence was necessary to bring about the injury. Limits or cautions: This is a test of factual causation, not a complete test of liability. The claimant must still prove the other elements of the claim, including the applicable duty, breach, damage, and legal remoteness. The cited case is a High Court decision and its effect must be read with later appellate authority.
canon of construction
A principle courts use to work out the meaning of legislation. Uganda’s Supreme Court has explained that clear statutory words are ordinarily given their natural meaning, while construction may take account of statutory purpose and context where the language requires it. Limits or cautions: There is no single rule that decides every interpretive question. The Constitution, an Act, a treaty, or a particular statute may call for different interpretive approaches. A court applies the relevant text and binding precedent, rather than choosing a canon in isolation.
capacity to contract
Legal ability to enter a binding contract. Uganda’s Contracts Act requires parties to have capacity, consent freely, and agree for lawful consideration and a lawful object. The Sale of Goods and Supply of Services Act sets additional capacity rules for that Act, including an age threshold and sound-mind requirement. Limits or cautions: Capacity is determined under the applicable statute and facts. Statutory rules and protections differ by transaction and jurisdiction.
capital expenditure
For Uganda public-finance law, expenditure used to create or acquire a fixed asset, inventory, or other valuable physical stock. The statutory definition is tied to public budgeting and reporting. Limits or cautions: This definition comes from the Public Finance Management Act and should not be treated as a universal tax or company-accounting definition. Tax deductions and capital allowances are governed separately by the Income Tax Act and applicable accounting standards.
capital gain
A taxable gain that arises when an asset is disposed of, calculated under the applicable income-tax rules using the statutory cost base and consideration rules. Uganda’s tax tribunal has applied the Income Tax Act to a sale agreement that created an equitable interest even though title was not registered. Limits or cautions: The calculation and charge differ by state and by asset. Kenya treats capital gains tax as a form of income tax and uses its own rules for transfers of property situated in Kenya. Do not use one country’s tax formula or date as another country’s law.
capital punishment
A criminal sentence requiring the State to take a person’s life. In Uganda, death sentences remain in statute but must follow constitutional safeguards and Supreme Court review. In Tanzania, the African Court on Human and Peoples’ Rights held in 2026 that mandatory death sentences and hanging violated the applicants’ rights to life and dignity. Limits or cautions: The rule is not uniform across East Africa. Rwanda abolished the death penalty by Organic Law in 2007; Burundi’s 2009 Penal Code abolished it. Kenya’s Supreme Court invalidated mandatory death sentencing for murder but did not abolish the death penalty itself. The African Court judgment in the Tanzanian applicants’ case binds Tanzania in that case; it is not a regional judgment abolishing capital punishment in every state. Treaty and domestic-law status must be checked country by country.
capital redemption reserve
A protected company reserve associated with redemption or purchase of a company’s own shares. Kenya’s Companies Act treats it as an undistributable reserve and applies capital-reduction protections to it, helping preserve the capital available to creditors. Limits or cautions: The reserve arises only in circumstances specified by company legislation. Its treatment and required accounting entries depend on the applicable national Companies Act and the transaction. The phrase “capital redemption reserve fund” also appears in older Ugandan company legislation; check the current Ugandan Companies Act before relying on the older formulation.
caregiver
Under Rwanda’s early-childhood programme rules, a caregiver is a person responsible for attending to a child’s bodily, health, nutrition, emotional, social, language, and intellectual development needs. Limits or cautions: This definition belongs to the national early-childhood development framework. It does not automatically define “caregiver” for every family-law, employment, social-protection, or criminal-law question in Rwanda or other East African states.
care order
A court order placing a child in care under child-protection law. Uganda’s Children Act expressly defines a care order as an order made under Part VI, including an interim care order. Kenya’s Children Act defines the order by reference to entrusting the child’s care, control, and custody to another person or an institution appointed by the court. Limits or cautions: The decision-maker, threshold, duration, review, and available forms of care differ between the two statutes. The court must apply the child’s best interests and the procedure in its own jurisdiction.
cargo
Goods carried in or on a vessel, whether or not they have commercial value; the Kenyan maritime regulations expressly include livestock. The term is therefore broader than ordinary merchandise. Limits or cautions: The legal definition depends on the statute, regulation, and mode of transport. This entry uses the maritime definition and should not be applied automatically to air carriage, road transport, customs, or insurance.
carrier
The EAC Treaty defines a common carrier as a person or undertaking providing carriage of goods or passengers for hire and operating under a Partner State’s laws. In a particular carriage contract, the bill of lading and transport statute identify the carrier and determine its duties. Limits or cautions: The Treaty definition is for “common carrier”, not every person involved in moving goods. A freight forwarder, agent, shipper, and contractual carrier can have different roles. The applicable transport mode and Partner State law remain important.
cartel
A cartel is a coordinated arrangement between competing businesses that weakens competition, commonly through price fixing, bid rigging, or allocation of markets or customers. The EAC Competition Act frames this conduct through the legal categories “agreement” and “concerted practice” and expressly prohibits specified collusive practices. Limits or cautions: The EAC Act applies to conduct with an anti-competitive effect in the relevant Community market. National competition laws also apply within their own scope. The Authority has original jurisdiction over EAC Act violations, and its decisions are legally binding on Partner State authorities and subordinate courts under section 44.
case management
A court-led process for preparing a civil case for hearing: the court identifies issues, gives directions, considers settlement or other resolution, and sets steps and timelines. Limits or cautions: Kenya’s Civil Procedure Rules use Order 11 case-management conferences. Uganda’s civil procedure system instead provides for summons for directions under Order 11A; the two procedures should not be treated as identical.
casual
A person who works on a daily or hourly basis and is paid when that day’s work is completed. Uganda’s Employment Act uses this statutory definition for “casual employee”. Limits or cautions: The label does not settle every employment-rights question. Uganda’s Act contains rules that can convert qualifying continuous or repeated casual work into a longer-term contract; apply the Act’s facts and time limits.
causation
The link a court must assess between a person’s conduct and a result required by an offence, such as death. The prosecution must prove the elements of the particular offence, including any required causal connection, beyond reasonable doubt. Limits or cautions: The legal test is offence-specific; check the governing offence and binding appellate decisions.
cause list
The court’s published list of matters scheduled for hearing or mention on a particular day. Kenyan High Court rules direct court leadership to review the judge’s cause list and use call-over sessions to check readiness and allocate hearing time. Limits or cautions: The list is an administrative schedule, not itself an order deciding the case. Publication, changes and attendance requirements depend on the court and its directions.
cause of action
A set of material facts which, in law, gives a claimant a right to seek a remedy from a court. Limits or cautions: This meaning is used in Ugandan decisions interpreting pleadings. The court may reject a plaint that discloses no cause of action; the result depends on the pleaded facts and applicable substantive law.
causing death by dangerous driving
Causing another person’s death by driving a motor vehicle recklessly or in a manner dangerous to the public, assessed in light of the circumstances. Kenya’s Traffic Act makes this a criminal offence. Limits or cautions: The fact that a collision occurred is not enough by itself. Kenyan courts require evidence of dangerous driving and a departure from the standard of a reasonably prudent driver. The statutory offence and penalties differ across countries.
caution in criminal law
A warning recorded when police seek an accused person’s out-of-court confession. Kenya’s rules prescribe the caution the recording officer must give and require the person’s response to be recorded. Limits or cautions: This is a specific confession-recording safeguard, not a general rule that every police interaction must use the same words. Uganda has its own Evidence Act and police-statement rules; procedure should be checked locally.
caveat
A notice entered in the land register to prevent specified dealings unless the person who lodged it is first informed. Kenya’s Land Registration Act includes a caveat within the statutory definition of “caution”. Limits or cautions: Kenyan law now groups a caveat within “caution” for this statutory purpose and regulates lodging, withdrawal and removal. Uganda’s Registration of Titles Act uses caveats in a separate land-registration framework, so the filing route and effect are not interchangeable.
censure
A parliamentary procedure for holding a minister politically accountable. Uganda’s Constitution permits a petition seeking censure, while Parliament’s Rules of Procedure specify how the process is initiated and considered. Limits or cautions: Censure is a constitutional and parliamentary process, not merely public criticism. The Constitution sets the grounds and voting threshold; procedural steps are governed by the current Rules of Procedure.
census
A statistical operation that enumerates all units in the population of interest. Uganda’s Statistics Act defines census in these terms; Kenya’s Statistics Act uses materially similar language. Limits or cautions: A census is not the same as a sample survey. National census schedules, reference dates, approval requirements and responsible authorities are set by each country’s statistics legislation and orders.
certificate
In Uganda’s Registration of Titles Act, “certificate” means a certificate of title issued by the Registrar. The Act uses the document as part of the system for recording and evidencing interests in registered land. Limits or cautions: This is a context-specific statutory meaning. Other laws use “certificate” for different things, including company incorporation and certified public records; its legal effect comes from the statute that authorizes it.
certificate of incorporation
The Registrar’s formal document confirming a company’s registration. Kenya’s Companies Act makes the certificate conclusive evidence that statutory registration requirements have been met; Uganda’s Companies Act also gives the certificate legal effect on registration. Limits or cautions: The certificate does not answer every question about a company’s later compliance or liabilities. The governing company statute and registry record control; company-registration procedures and statutory wording differ between Kenya and Uganda.
certificate of title
An official land-registration document issued by the Registrar. Uganda’s Registration of Titles Act defines it as a title certificate issued under that Act. Kenya’s Land Registration Act defines it as a certificate in the prescribed form issued under section 30. Limits or cautions: A certificate is important evidence within the statutory registration system, but its effect is subject to the relevant statute, registered interests, fraud exceptions and court decisions. The document and governing registration system differ by country.
certification
For an inspectable public document, certification is the authorized custodian’s written confirmation on a copy that it is a true copy, with the officer’s name, title and date and a seal where required. Limits or cautions: The Evidence Act prescribes a method for particular public-document copies. A certification does not automatically make every document admissible or prove every fact asserted in it; the applicable evidence rules still govern.
certified copy
A copy of a public document, issued on demand by the lawful custodian and certified as a true copy in the manner required by law. Kenya’s Evidence Act calls copies certified in the prescribed way “certified copies”. Limits or cautions: The Act’s route applies to public documents a person has a right to inspect. Uganda’s Evidence Act has its own rules on public documents and when certified copies may be used as secondary evidence.
challenge
In recusal proceedings, a party may ask a judge to step aside where facts raise a legally sufficient concern about impartiality. Kenyan courts assess the circumstances objectively and balance the fair-hearing guarantee with the duty of judges to hear cases assigned to them. Limits or cautions: A disappointed party or disagreement with a ruling does not by itself establish bias. The threshold and filing procedure must be checked against the applicable court rules and binding appellate authority.
champerty
An agreement under which a person who is not simply acting as a lawyer funds or pursues another person’s case in return for a share of its proceeds. Uganda’s Court of Appeal has treated such a litigation-funding arrangement as champertous and unenforceable on the facts before it. Limits or cautions: The treatment of third-party litigation funding is jurisdiction-specific and continues to develop. The cited Ugandan appellate decision binds lower courts within Uganda according to ordinary precedent rules; it is not binding in Kenya or other states.
change in circumstances
A material change in the facts relevant to an existing child-maintenance order or agreement may support an application to vary it. The court decides whether the change justifies a different order, applying the child’s interests and the statutory factors. Limits or cautions: This is a procedural ground, not an automatic right to reduce or increase payments. Kenya’s Children Act gives the court powers to vary orders and maintenance agreements; other states use their own family-law procedures.
change of name
A formal change to the name recorded for a person. Uganda’s registration regulations provide a process to record a change of name for adults and children and to update the civil register on supporting documents. Limits or cautions: The process and evidentiary requirements depend on whether the person is an adult or child and on the register or identity document being changed.
change of venue
An order moving a criminal trial from one court or place to another within the Kenyan court system. The High Court may order a transfer where the statutory grounds are met, including where a fair and impartial trial may be difficult or a transfer is otherwise expedient for the ends of justice. Limits or cautions: The application is governed by Kenya’s Criminal Procedure Code, section 81. It is a judicial transfer between courts, not a general power to select any forum or jurisdiction.
character in the law of evidence
Evidence about a person’s general reputation or disposition, admitted only where the Evidence Act permits it. The Act defines “character” for specified provisions to include both reputation and disposition and restricts proof of particular acts except in stated cases. Limits or cautions: Admissibility differs between civil and criminal proceedings and depends on the issue and statutory exception.
charge
The formal statement of the offence or offences alleged against an accused person. A valid charge or information must identify the offence and give enough particulars to inform the accused of its nature. Limits or cautions: A charge is an allegation, not proof of guilt. The Kenyan Code distinguishes the statement of offence from its particulars and sets rules for framing both. Local terminology and forms vary across East Africa.
charge sheet
The document setting out the criminal charge and the particulars on which the prosecution proceeds. It must state an offence known to law and provide reasonable information about the allegation. Limits or cautions: The statutory wording is “charge or information”; “charge sheet” is the common document label. A defect is assessed under the Code, including whether it caused a failure of justice.
charging instrument
A formal prosecution document that states the offence alleged and its necessary particulars. Kenyan criminal procedure recognises a “charge or information” and prescribes what it must contain. Limits or cautions: “Charging instrument” is a general label rather than the controlling phrase in the cited Kenyan Code. Do not assume that indictment and information have identical functions in every East African criminal procedure system.
charitable trust
A trust formed exclusively for the purposes recognised by Kenya’s statute, including relief of poverty, education, religion or human rights. The statute provides a registration and incorporation route for trustees of such a trust. Limits or cautions: The statutory list and public-benefit requirements are jurisdiction-specific. Kenya’s statutory wording includes human rights; do not substitute the older English four-head formulation without checking local legislation.
chastisement
Physical punishment imposed as discipline. Uganda’s Children Act defines corporal punishment to include intentionally using physical force to cause pain or injury, as well as punishment intended to belittle, humiliate or ridicule a child, and prohibits subjecting a child to it. Limits or cautions: The statutory rule concerns children. Do not treat historical common-law claims about parental discipline as current authority; Uganda’s legislation and constitutional protections govern.
cheque
A bill of exchange drawn on a banker and payable on demand. In practice it is a written payment order drawn by a customer on a bank; the Act sets the legal rules for its form and handling. Limits or cautions: This definition follows Kenya’s Bills of Exchange Act. Cheque clearing, crossed-cheque rules and electronic payment instruments may be governed by additional legislation and current banking regulations.
child abduction
In Uganda, taking or detaining a person under eighteen unlawfully out of the custody of a parent or another person lawfully caring for that child is an offence under the Penal Code. Limits or cautions: The Penal Code also addresses other forms and purposes of abduction. The elements and penalties depend on the particular subsection; cross-border custody disputes may additionally engage treaty and family-court procedures.
child of the family
For Kenyan child-maintenance proceedings, the court may make a financial-provision order for a child of one parent who has been accepted as a child of the family. The legal relationship is assessed under the Children Act, not simply by biology. Limits or cautions: This is a statutory maintenance context and should not be treated as a general status applying identically in all family-law matters or across East African jurisdictions.
child support
The legal duty and court-ordered financial provision for a child’s maintenance. Kenya’s Children Act provides for maintenance orders and for parents’ shared responsibility, with the court considering the child’s needs and the parties’ circumstances. Limits or cautions: Kenyan statutes generally use “maintenance” and “financial provision”.
child support maintenance
A court order requiring financial support for a child, including periodic payments where appropriate. The Children Act provides for the making, duration, variation and enforcement of maintenance orders. Limits or cautions: The child’s welfare and statutory factors guide the order. The order’s duration and possible extension are governed by the Act.
choice of jurisdiction
The question of which court has authority to hear a dispute. A contract’s choice-of-forum clause may be relevant, but it cannot itself confer jurisdiction where the Constitution or legislation withholds it. Limits or cautions: A choice of court is distinct from a choice of governing law. Kenyan courts assess the clause alongside statutory jurisdiction and the facts connecting the dispute to Kenya. The cited Employment and Labour Relations Court ruling resolves that case and is not a regional rule for other states.
choice of law
The rule or law a court applies to decide the parties’ substantive rights when a dispute has connections to more than one country. A clear contractual choice is relevant, subject to mandatory local law and the court’s jurisdiction. Limits or cautions: A foreign governing law does not automatically remove a Kenyan court’s jurisdiction. The court may need evidence of foreign law and may apply mandatory Kenyan protections. The cited Employment and Labour Relations Court judgment is an illustration of Kenyan practice, not an East African-wide rule.
choice-of-law clause
A contract term by which the parties select the legal system intended to govern their agreement or disputes. Kenyan courts generally consider the parties’ stated choice, while checking jurisdiction and any mandatory rules that apply. Limits or cautions: A governing-law clause does not, by itself, select the court that will hear a case. It may also be displaced or limited by mandatory statutory protections.
citation
A formal notice in estate proceedings calling on a person with a prior right or interest to accept or refuse a grant of letters of administration. Uganda’s Succession Act requires a citation in specified priority situations before a grant may be made to another relative. Limits or cautions: This entry uses the probate meaning of “citation”. A citation can also mean a court summons or a reference to legal authority; those are separate uses. The process and priority rules differ across East African succession laws.
citizen
A person who holds Kenyan citizenship under the Constitution, acquired by birth or registration. Citizenship carries constitutional rights and duties, subject to the Constitution and legislation. Limits or cautions: The routes and consequences of citizenship differ by state. Kenya permits dual citizenship subject to constitutional and statutory requirements; do not infer citizenship from residence alone.
citizen’s arrest
An arrest made by a private person under the limited circumstances allowed by the Criminal Procedure Code. The person making the arrest must promptly hand the arrested person to a police officer or take the person to the proper authority. Limits or cautions: This is a statutory power with limits; it does not authorize punishment, prolonged detention or unnecessary force. Constitutional rights of arrested persons continue to apply.
citizenship
The legal status of belonging to a state. Under Kenya’s Constitution, citizenship may be acquired by birth or registration, and the Constitution sets out the rights and rules attached to that status. Limits or cautions: Citizenship law is state-specific. The Constitution’s rules on descent, registration, dual nationality and loss or deprivation must be checked separately for each East African country.
city council
The elected local-government council for a city. Uganda’s Local Governments Act identifies city councils as local governments and provides for their functions, composition and authority within the city’s area. Limits or cautions: “City council” is not a uniform institutional label across East Africa. Uganda’s 2020 creation of cities and later amendments affect the particular council structure and should be checked against current law.
civil liability contribution
A person held liable for damage may, in the circumstances set by statute, seek a just and equitable contribution from another person who is liable for the same damage. The court determines the share having regard to responsibility for the harm. Limits or cautions: Contribution is not automatic merely because another person was involved. The claimant must establish the other person’s liability and comply with the applicable procedure and limitation rules.
civil service
The public workforce that carries out government administration. Uganda’s Constitution uses “public service” and defines “public officer”; the Civil Procedure Act also expressly includes members of Uganda’s civil service in its definition of public officer. Limits or cautions: Uganda distinguishes public service, public office and public officer, and separately regulates the armed forces and constitutional service commissions.
claim
A claimant’s stated demand for a legal remedy. Uganda’s Civil Procedure Act treats a “claim or demand” as part of a pleading, while its Small Claims Procedure Rules require the claimant to set out brief claim details on the prescribed form. Limits or cautions: A claim is not proved merely because it appears in a pleading or form. The claimant must establish the facts and legal basis for the remedy sought.
classified information
Information given a security classification where unauthorised disclosure would prejudice national security. Kenyan law recognises levels such as top secret, secret, confidential and restricted. Limits or cautions: Classification does not itself settle every access-to-information question. The Access to Information Act requires restrictions to satisfy constitutional limits and statutory criteria. Do not transfer Kenya’s definitions or classification scheme to another state.
class of stock
A group of a company’s shares carrying the same rights. Kenyan company law regulates shares and the rights attached to classes; the rights may differ, for example, as to voting, dividends or capital. Limits or cautions: The company’s articles and the Companies Act determine the rights attached to each class.
class rights
The rights that attach to a particular class of shares. A company cannot vary those rights except through the procedure set by the Companies Act and the company’s constitutional documents, including any required class consent or court application. Limits or cautions: The exact approval threshold and challenge period depend on the Act and the company’s articles.
clean hands
A court may refuse an equitable remedy where the applicant’s own conduct connected to the dispute is improper. Ugandan courts use the clean-hands principle when deciding whether equitable relief is available. Limits or cautions: It is a discretionary equitable principle, not a free-standing defence that automatically defeats every claim. Its relevance depends on the remedy sought and the applicant’s conduct in the matter.
clearance
An authorisation that allows a person to access classified information. Kenya’s National Intelligence Service Act defines security clearance in connection with access to classified material. Limits or cautions: This entry concerns security vetting, not customs clearance, tax clearance, employment clearance or a ship’s port clearance. Each of those is a separate statutory process.
client
A person who retains, employs, or is about to retain or employ an advocate, personally or through another capacity; the statutory definition also includes a person who may be liable for the advocate’s costs. Limits or cautions: The Advocates Act definition is specific to legal services and costs. It should not be treated as a universal definition of “client” in banking, health care or other professional relationships.
client trust account
An account kept separately for money an advocate holds for a client or trust, with withdrawals limited by the applicable trust-account rules. Uganda’s Advocates Act and accounts rules regulate client and trust money; the Capital Markets Authority Act separately requires brokers to maintain a client trust account. Limits or cautions: The governing safeguards differ by profession. The broker account in the Capital Markets Authority Act is not the same statutory regime as an advocate’s client account.
clog on the equity of redemption
A mortgage term that prevents a borrower from redeeming the property after paying or performing the secured obligation. Uganda’s Supreme Court describes such a term as inconsistent with a mortgage operating as security and therefore void. Limits or cautions: Whether a term is a prohibited clog depends on the mortgage and the effect of the provision. The Mortgage Act also states that a mortgage which goes beyond operating as security is void; commercial documents should be assessed under that Act and binding case law.
coadministrator
One of two or more people appointed to administer the same deceased person’s estate. Uganda’s succession law permits joint grants, but a grant can become inoperative when a co-administrator dies, requiring the court to consider a fresh grant. Limits or cautions: The powers and effect of a joint grant are governed by the Succession Act and the grant itself. A co-administrator is not simply an assistant and should not act outside the authority conferred by law.
coconspirator
A person alleged or proved to have agreed with another to pursue a criminal purpose. A Ugandan High Court judgment explains that one conspirator may be responsible for acts of another that follow as probable and natural consequences of the common plan. Limits or cautions: Association or presence alone does not prove conspiracy. The prosecution must establish the agreement and the accused person’s participation to the criminal standard; a co-conspirator’s evidence is not automatically sufficient for conviction.
coercion
Under Uganda’s Contracts Act, coercion includes committing or threatening an act forbidden by law, or unlawfully detaining or threatening to detain property, to cause someone to enter an agreement. Consent obtained by coercion makes the contract voidable at the affected party’s option. Limits or cautions: The statutory test is narrower and more precise than ordinary speech about pressure. Economic or moral pressure should not automatically be labelled statutory coercion without applying the Act and relevant case law.
cognizable
An offence that the criminal procedure law treats as one for which specified police powers, including arrest without warrant in stated circumstances, may be exercised. Uganda’s Criminal Procedure Code uses the term in provisions governing arrest and crime prevention. Limits or cautions: The exact offences and arrest powers depend on the Criminal Procedure Code, schedules and any offence-specific law. “Cognizable” is not a general permission to arrest without reasonable grounds or to disregard constitutional safeguards.
cohabitants
People who live together in an intimate relationship without a legally recognised marriage. Ugandan courts distinguish cohabitation from marriage, while allowing a partner to prove a separate property or contribution-based claim where the evidence supports it. Limits or cautions: Cohabitation alone does not create a marriage or automatic spousal inheritance rights in Uganda. Long cohabitation may be relevant to a rebuttable presumption of marriage in particular cases, and property claims depend on proof and the legal basis pleaded.
cohabitation
A factual relationship in which partners live together without necessarily having a legally valid marriage. Ugandan courts consider cohabitation in disputes about alleged marriage, contributions and property, but the fact of living together does not by itself settle those legal issues. Limits or cautions: The result is fact-sensitive. A court may find a presumption of marriage on the evidence in a particular case, yet cohabitation alone is not automatically a marriage; proprietary claims may instead depend on contributions, agreement or equitable principles.
collateral attack
An attempt to challenge the validity or effect of a judgment in a separate proceeding instead of using the direct route provided by appeal, review or the procedure for execution. Ugandan courts generally reject collateral challenges that evade the proper process, while recognising that fraud on the court can make an order challengeable. Limits or cautions: The available route depends on the type of order and the court’s jurisdiction. Fraud allegations require clear pleading and proof; the phrase does not itself create a new cause of action or override statutory appeal periods.
collateral benefits
Payments or services a person receives from another source because of an injury, such as insurance or a pension. Kenyan decisions discuss whether such benefits reduce damages payable by the person responsible for the injury. Limits or cautions: The treatment depends on the kind of benefit and the applicable damages rule. Do not assume every payment is deducted or that the same approach applies across all East African jurisdictions.
collateral source rule
A damages principle under which a wrongdoer may not reduce compensation simply because the injured person also received a benefit from an independent source. Kenyan courts have considered the principle in personal-injury claims. Limits or cautions: The cited Kenyan cases discuss the common-law rule; the precise treatment can vary with the benefit, statutory scheme and binding precedent. This is not a single codified regional rule and should not be applied automatically outside the jurisdiction.
collusion
An agreement between parties to use legal proceedings or evidence dishonestly, or to obtain an order through a false or improper account. Kenya’s Evidence Act allows a party to show that an admitted judgment or order was obtained by fraud or collusion. Limits or cautions: The term is context-dependent. In matrimonial proceedings, mediation or consent orders, the governing statute and procedural rules may set distinct tests; ordinary cooperation or settlement between parties is not by itself collusion.
combination in restraint of trade
In Kenyan competition law, an agreement between businesses can be unlawful when it restricts competition, for example by fixing prices, dividing markets, colluding on bids or limiting supply. Limits or cautions: The Kenyan statutory test and enforcement process govern. The Competition Authority investigates; the Competition Tribunal and courts have their respective review and appeal roles.
command responsibility
A commander or other superior may incur individual criminal responsibility for Rome Statute crimes committed by forces or subordinates under their effective command or authority and control when the applicable knowledge and failure-to-prevent, repress or report requirements are proved. Limits or cautions: Article 28 of the Rome Statute sets distinct tests for military commanders and other superiors. Uganda’s International Criminal Court Act and Kenya’s International Crimes Act provide domestic frameworks for specified international crimes; domestic jurisdiction and charging requirements must still be met. Kenya, Uganda, Rwanda, Tanzania and Burundi are Rome Statute parties; South Sudan is not listed as a party in the UN depositary table reviewed.
commissioner for oaths
A person authorised by statute to administer an oath or take an affidavit for a court or other lawful purpose. In both Kenya and Uganda, the authority is limited: a commissioner generally must not act in a matter in which the commissioner is personally interested or is acting as an advocate for a party. Limits or cautions: The appointing rules and exact disqualification wording differ by country. In Uganda, the Commissioners for Oaths (Advocates) Act authorises relevant advocates; Kenya’s Oaths and Statutory Declarations Act governs the authority and its limits. Confirm the commissioner’s current appointment and conflict status before relying on an affidavit.
commission to examine a witness
A court may authorise a designated person to take a witness’s evidence away from the courtroom where the procedural law permits it. Kenya’s Civil Procedure Rules allow a commission in specified cases, including a witness outside the court’s local jurisdiction; Uganda’s civil procedure rules provide a comparable mechanism. Limits or cautions: A commission is a court-controlled evidence-gathering procedure, not a general substitute for attendance. The statutory grounds, safeguards, appointment process and use of the resulting evidence depend on the case type and jurisdiction.
committal in civil proceedings
A court may, in defined circumstances, use committal to enforce compliance with a court order or to sanction contempt. In Uganda, the Civil Procedure Act and Judicature Act support enforcement powers, with courts requiring proof of disobedience and procedural fairness. Kenyan law also permits committal for disobedience of specified orders and applies its own contempt procedure. Limits or cautions: Committal is a coercive and liberty-restricting remedy, not an automatic consequence of every breach. The order must be clear, the person must have notice where required, and the applicable statutory and court-rule safeguards must be followed. Uganda and Kenya draw on different statutory provisions and case-law routes.
common
Ugandan land legislation recognises rights held by a person or group to use or occupy another person’s land for a defined purpose. These can include easements, profits à prendre and community members’ rights to enter and gather or use resources from communally owned land. Limits or cautions: “Common” does not identify a single statutory right. The legal nature, holder, duration and permitted use must be identified from the title, agreement, customary law or applicable statute. Uganda’s Land Act terminology should not be transplanted to other states without checking their land laws.
common land
Land held or managed for shared community use. Uganda’s Land Act provides for communal land associations and common land management schemes, including rules for grazing, watering livestock, access and gathering natural resources. Kenya’s Constitution separately recognises community land, with registration and administration governed by the Community Land Act. Limits or cautions: “Common land” in Uganda and “community land” in Kenya are not interchangeable statutory categories. Uganda’s scheme centres on communal association and management; Kenya’s Constitution and Act define a community and provide registration and county-government trust arrangements for unregistered community land.
common law
Uganda’s Interpretation Act defines “common law” as the common law of England. The Judicature Act directs courts to apply written law first and, where written law does not extend or apply, to use common law, equity and established current custom, subject to the Constitution and Ugandan legislation. Limits or cautions: This is a reception rule, not permission to displace Ugandan statutes or constitutional rights. Reception and modification rules differ among East African states, and Rwanda’s legal system does not follow the same general common-law reception model.
common heritage of mankind
Under the UN Convention on the Law of the Sea, the seabed, ocean floor and subsoil beyond national jurisdiction, called “the Area”, and its resources are the common heritage of mankind. Activities there must be organised under the Convention’s international regime and for the benefit of mankind as a whole. Limits or cautions: The treaty phrase has a defined geographic and legal scope. It does not mean that all oceans, coastal waters or natural resources everywhere are owned collectively. Treaty obligations apply to states that are parties to UNCLOS; domestic implementation and participation in the International Seabed Authority follow the Convention.
community policing
Kenyan law provides for police engagement with communities through community policing initiatives. The National Police Service Act provides for community policing structures and voluntary participation by members of community policing forums and committees. Limits or cautions: The Act frames community policing as a partnership within the National Police Service, not a transfer of police powers to community bodies. The statute’s institutional design is Kenyan; other East African states use their own policing laws and policies.
community service
A court-ordered non-custodial sentence requiring an offender to perform unpaid work for the benefit of a community. Uganda’s Act requires the offender’s consent and defines the sentence as service to the community instead of imprisonment. Kenya’s Act also authorises unpaid public work within the community, subject to its own eligibility and sentencing conditions. Limits or cautions: The eligibility thresholds, consent rules, supervision and maximum periods differ. Uganda’s Act refers to minor offences and consent; Kenya’s Act allows orders where the applicable imprisonment term meets the statutory threshold. The term does not mean voluntary service when imposed as a sentence.
commutation
Commutation changes a sentence to a less severe punishment through an authorised mercy or clemency process. Uganda’s President may substitute a less severe form of punishment under the constitutional prerogative of mercy. Kenya’s Power of Mercy Committee advises the President, who may substitute a less severe form of punishment under the Constitution. Limits or cautions: Commutation is an executive mercy power, distinct from a court’s appeal or resentencing. Uganda’s Constitution sets out a Prerogative of Mercy Committee and eligible forms of relief; Kenya’s Constitution and Power of Mercy Act set a separate process.
Companies Registry (Companies House)
The public administrative office or register through which companies are incorporated and statutory company information is recorded. Kenya’s Companies Act assigns functions to the Registrar of Companies and provides for the companies register. Uganda’s Companies Act likewise establishes registration functions under the Registrar. Limits or cautions: “Companies House” is the name of the UK registry and is not the name of the Kenyan or Ugandan authority. The powers, filings, public access and legal effects of registration depend on each country’s Companies Act and registry procedures.
compel
To require a person, using lawful authority, to do something such as attend court or give evidence. The power is limited by constitutional protections: for example, an accused person in Kenya may refuse self-incriminating evidence, and in Uganda neither an accused person nor that person’s spouse may be compelled to give evidence against the accused in a criminal trial. Limits or cautions: A summons or statutory power does not remove applicable privilege, fair-trial rights or constitutional limits. Uganda’s spouse protection is expressed in the Constitution; Kenya regulates spouse compellability through its Evidence Act, with specified exceptions.
Official source: Constitution of Kenya, 2010; Constitution of Uganda, 1995; Kenya Evidence Act. Provision: Kenya Constitution, Article 50(2)(l); Uganda Constitution, Article 28(11); Kenya Evidence Act, section 127. Status: Constitutions in force; official/current legal texts consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
compensate
To pay money or provide another remedy for a loss or for property taken under lawful authority. In Kenya, the State may deprive a person of property for a public purpose or public interest only under the Constitution and legislation, including the Land Act process, with prompt payment in full of just compensation and access to a court. Limits or cautions: The right, eligible claimant, valuation, payment timing and challenge process depend on the governing statute and the facts. “Compensation” in one setting does not automatically establish a right to damages in another.
Official source: Constitution of Kenya, 2010; Land Act, 2012. Provision: Constitution, Article 40(3); Land Act, Part VIII, sections 107–133. Status: Constitution in force; Kenya Law Land Act consolidation displayed as at 31 December 2022. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
competence
Whether a person is legally able to give evidence. Kenya’s Evidence Act starts from the rule that a person is competent unless the court considers that the person cannot understand questions or give rational answers because of tender years, extreme old age, disease or another cause. Uganda’s Evidence Act also sets statutory rules on witness competence. Limits or cautions: Competence is different from whether evidence is believable, and from whether a witness can be compelled to testify. The grounds and procedure must be checked under the forum’s Evidence Act.
Official source: Kenya Evidence Act (Cap. 80); Uganda Evidence Act (Cap. 8). Provision: Kenya Evidence Act, section 125; Uganda Evidence Act, witness-competence provisions. Status: Kenya Law consolidation displayed as at 11 December 2023; Uganda ULII consolidation displayed as at 31 December 2023. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
competition
The Competition Act, 2024 describes competition as actual or potential striving between persons operating in a market in Uganda. Its stated economic effects include greater efficiency, growth, employment, lower prices and more consumer choice. Limits or cautions: This is a statutory definition for Uganda’s Competition Act. Other East African jurisdictions use their own competition statutes and regulators; the same word should not be assumed to carry identical tests everywhere.
Official source: Competition Act, 2024 (Uganda). Provision: Section 1 (interpretation); read with sections 3–5. Status: Act 5 of 2024; official ULII text consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
competition law
The rules that restrain conduct likely to harm competition, such as anti-competitive agreements, concerted practices and abuse of a dominant position. Uganda’s Competition Act, 2024 supplies a national framework and directs cooperation with relevant regional competition bodies. The EAC Competition Authority is mandated under the EAC framework to promote fair trade and consumer welfare. Limits or cautions: The EAC Competition Act and national legislation are distinct legal instruments with different institutions and procedures. A cross-border matter may engage both; the governing jurisdiction and current commencement or enforcement arrangements must be checked.
Official source: Uganda Competition Act, 2024; Treaty for the Establishment of the EAC; EAC Competition Authority official institutional page. Provision: Uganda Competition Act, sections 1 and 5; EAC Treaty, Articles 75 and 9; EAC Competition Act, 2006, section 37. Status: Uganda Act 5 of 2024; EAC official material The EAC states that its Competition Authority operates under the 2006 Act. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
complainant
A person who makes a complaint under a particular legal process. Under Uganda’s Equal Opportunities Commission Act, a person may lodge a written and signed complaint with the Commission about discrimination, marginalisation or conduct undermining equal opportunities. Limits or cautions: “Complainant” is procedure-specific. A person reporting suspected crime, filing a regulatory complaint and bringing a civil claim may have different status, duties and remedies.
Official source: Equal Opportunities Commission Act, 2007 (Uganda). Provision: Sections 14 and 23. Status: Official ULII consolidation displayed as at 31 December 2023. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
compounding an offence
The phrase has more than one statutory use. Uganda’s Penal Code criminalises obtaining a benefit for agreeing to conceal a felony, delay or discontinue its prosecution, or withhold evidence. Separately, the Tax Procedures Code allows the Commissioner General to compound specified tax offences under statutory conditions, after which prosecution or penal tax for the same act is barred as provided by the Act. Limits or cautions: Do not confuse a lawful statutory tax compounding process with privately taking payment to suppress a criminal prosecution. Authority, offence type, written procedure and legal effect differ.
Official source: Penal Code Act (Uganda); Tax Procedures Code Act, 2014. Provision: Penal Code Act, section 104; Tax Procedures Code Act, section 84. Status: Official ULII consolidated texts consulted 27 September 2026; Tax Procedures Code text displayed as at 1 July 2025. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
compromise
An agreement resolving all or part of a dispute. In Kenya, the Civil Procedure Rules allow a court to record a lawful compromise or satisfaction of a suit and enter judgment in accordance with it. In Uganda, court-annexed mediation settlements are governed by the applicable mediation rules and must satisfy the required recording and endorsement steps to become enforceable as a consent judgment. Limits or cautions: A private settlement does not automatically become a court judgment. Check authority to settle, the writing and signature requirements, court recording or endorsement, and any current procedural rules.
Official source: Kenya Civil Procedure Rules, 2010; Uganda Judicature (Court Annexed Mediation) Rules, 2026; Nadongo Juliet v Egweru Robert [2026] UGHC 870. Provision: Kenya Order 25 rule 5; Uganda SI 14 of 2026; Nadongo Juliet, 31 July 2026. Status: Kenya official Civil Procedure Rules PDF; Uganda Rules effective 27 March 2026; Uganda High Court judgment dated 31 July 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
compulsion
A legal requirement backed by authority, such as an order to attend or testify. Constitutional fair-trial rights restrict compulsion in criminal proceedings: Kenya protects the right to refuse self-incriminating evidence; Uganda bars compelling the accused or the accused’s spouse to give evidence against the accused. Limits or cautions: The rules vary by proceeding and witness. A person may be competent to testify but not compellable, or may be compellable only in defined circumstances. Privilege and statutory exceptions must be checked.
Official source: Constitution of Kenya, 2010; Constitution of Uganda, 1995; Kenya Evidence Act. Provision: Kenya Article 50(2)(l); Uganda Article 28(11); Kenya Evidence Act, sections 127 and 134–137. Status: Constitutions in force; official texts consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
compulsory purchase
The compulsory acquisition of an interest in land by the State for a public purpose or public interest, using the statutory process. Kenya’s current legal terminology is “compulsory acquisition”: the National Land Commission initiates and administers the process under Part VIII of the Land Act, subject to Article 40 safeguards. Limits or cautions: “Compulsory purchase” is not the preferred label in the Kenyan Constitution and Land Act. Other states use their own terms and procedures, such as expropriation; notice, valuation, compensation and review rules are jurisdiction-specific.
Official source: Constitution of Kenya, 2010; Land Act, 2012; Kisangi v Member of County Assembly Mlolongo Syokimau Ward [2026] KEELC 1008. Provision: Constitution, Article 40(3); Land Act, Part VIII, sections 107–133; Kisangi, 24 February 2026. Status: Kenya Law statutory text and official court judgment consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
computer crime
A criminal offence committed through information and communication technology, or directed at computer systems, programs or data. Kenya’s Computer Misuse and Cybercrimes Act defines cybercrime and computer misuse; Uganda’s Computer Misuse Act separately criminalises conduct including unauthorised access and interference with computer use or data. Limits or cautions: “Computer crime” is a broad label, not one universal offence. The charge must be tied to the elements, intent and territorial reach of the specific national statute. The two Acts should not be treated as interchangeable.
Official source: Kenya Computer Misuse and Cybercrimes Act, 2018; Uganda Computer Misuse Act, 2011. Provision: Kenya section 2 and Part II; Uganda sections 1 and 11–19. Status: Official Kenya Law text and ULII consolidated Ugandan text consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
concealment
In the relevant criminal context, deliberately hiding a felony or withholding information or evidence about it. Uganda’s Penal Code treats agreeing for a benefit to conceal a felony or withhold evidence of it as an offence. Limits or cautions: This entry is limited to the Penal Code offence context. Concealment in insurance, fraud, succession, evidence or limitation law may have different elements and consequences.
Official source: Penal Code Act (Uganda). Provision: Section 104. Status: Official ULII consolidated text consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
concerted action
Under Uganda’s Competition Act, 2024, a concerted action or practice involves communication or coordination between competitors that replaces their independent decision-making and restricts or lessens competition. Limits or cautions: The statutory definition is specific to Uganda. In EAC or other national proceedings, use the applicable regional or national competition text and establish the required market effect and parties’ relationship.
Official source: Competition Act, 2024 (Uganda). Provision: Section 1 (interpretation); read with sections 3–5. Status: Act 5 of 2024; official ULII text consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
concerted refusal to deal
A coordinated decision by market participants not to supply or deal with another person may fall within the Competition Act’s rules on anti-competitive agreements or concerted practices. The Act defines “refusal to deal” to include denying supply, including by imposing unreasonable conditions. Limits or cautions: Liability is determined under Uganda’s statutory framework. It depends on the statutory elements, evidence of coordination and relevant competition effects; a unilateral refusal is not automatically a concerted practice.
Official source: Competition Act, 2024 (Uganda). Provision: Section 1 (definitions of “agreement”, “anti-competitive practice” and “refusal to deal”); sections 3–5. Status: Act 5 of 2024; official ULII text consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
conciliation
A structured process in which a neutral conciliator helps parties try to settle a dispute. Uganda’s Arbitration and Conciliation Act provides for conciliation proceedings and recognises settlements reached through that process. Limits or cautions: Conciliation is not identical to arbitration: a conciliator does not ordinarily impose a binding decision. The legal effect of a settlement depends on the Act, the parties’ agreement and any required registration or enforcement step.
Official source: Arbitration and Conciliation Act, 2000 (Uganda). Provision: Part III, sections 51–67; section 68. Status: Official ULII consolidation displayed as at 23 December 2024. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
conclude
In treaty practice, to complete the steps by which a state enters into an international agreement. In Kenya, treaty-making and ratification are governed by the Constitution and the Treaty Making and Ratification Act; an international treaty does not become part of Kenyan law merely because it has been signed. Article 2(6) gives domestic legal status to treaties ratified by Kenya. Limits or cautions: “Conclude” can refer to signature, adoption, consent to be bound or entry into force; these are distinct stages. For each EAC Partner State, check its constitution and ratification procedure, and whether the treaty is in force for it.
Official source: Constitution of Kenya, 2010; Treaty Making and Ratification Act, 2012; Treaty for the Establishment of the EAC. Provision: Kenya Constitution, Article 2(6); Treaty Making and Ratification Act, sections 3–8; EAC Treaty, Article 151. Status: Kenya Constitution and Act in force; EAC Treaty status and national ratification process. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
concurrency
In sentencing, concurrency means that two or more prison terms are served over the same period rather than one after another. Kenya’s Criminal Procedure Code gives courts power to direct whether sentences for multiple offences run concurrently or consecutively. Limits or cautions: The court’s decision depends on the offences, their relationship and sentencing principles. Kenyan appellate decisions caution against treating concurrency as automatic; other East African criminal procedure statutes may set different rules.
Official source: Criminal Procedure Code (Cap. 75) (Kenya); Wachogi v Republic [2026] KEHC 5174. Provision: Section 14; Wachogi, 16 April 2026. Status: Kenya Law consolidation displayed as at 11 December 2023; High Court judgment dated 16 April 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
concurrent sentence
A sentence ordered to be served during the same period as another sentence. Under Kenya’s Criminal Procedure Code, the court may direct concurrent or consecutive service when a person is convicted of multiple offences. Limits or cautions: Concurrent service is a judicial direction, not an automatic consequence of multiple convictions. Separate counts arising from distinct transactions may call for consecutive terms, subject to governing law and appellate guidance.
Official source: Criminal Procedure Code (Cap. 75) (Kenya); Kipkoech alias Luka Kimeli v Republic [2026] KEHC 1978. Provision: Section 14; Kipkoech, 20 February 2026. Status: Kenya Law consolidation displayed as at 11 December 2023; High Court judgment dated 20 February 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
condition
A contract term that the governing law treats as essential or makes a required event for a right or duty to arise. Uganda’s Sale of Goods and Supply of Services Act recognises express and implied conditions and warranties in sales contracts, including when a condition may be treated as a warranty. Limits or cautions: The word does not have one effect in every contract. A term’s legal classification and remedy depend on the statute, the contract, the type of transaction and the seriousness of breach; examples from other jurisdictions do not determine Ugandan law.
Official source: Sale of Goods and Supply of Services Act, 2018 (Uganda). Provision: Section 12 (when a condition is treated as a warranty); sections 15–16 (implied terms). Status: Official ULII text displayed as at 31 December 2023. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
confession
An accused person’s statement admitting guilt, or facts tending to prove guilt, offered as evidence. Kenya’s Evidence Act regulates confessions, including who may record them and the conditions for admissibility. Uganda’s Evidence Act separately governs confessions and imposes protections concerning statements to police. Limits or cautions: A confession is not automatically admissible because it was made. Voluntariness, recording safeguards, constitutional rights and the applicable national statute matter. Kenya and Uganda do not have identical admissibility rules.
Official source: Kenya Evidence Act; Evidence (Out of Court Confessions) Rules, 2009; Uganda Evidence Act. Provision: Kenya Evidence Act, sections 25–26 and 25A; Uganda Evidence Act, section 24 and related provisions. Status: Kenya Law consolidation displayed as at 11 December 2023; Uganda ULII consolidation displayed as at 31 December 2023. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
confidential communication
A communication protected from compelled disclosure when it falls within the legal professional privilege rules. Kenya’s Evidence Act protects communications between advocate and client made in the course of professional employment, subject to statutory exceptions such as communications made to further an illegal purpose. Uganda’s law also protects privileged advocate-client communications, subject to its governing statutes and exceptions. Limits or cautions: Confidentiality alone does not create evidentiary privilege. The purpose of the communication, the relationship, waiver and crime-or-fraud exceptions must be assessed under the relevant national law.
Official source: Kenya Evidence Act; Uganda Advocates Act; Uganda Anti-Money Laundering Act, 2013. Provision: Kenya Evidence Act, sections 134–137; Uganda Advocates Act, privilege provisions; Anti-Money Laundering Act, section 9(3). Status: Kenya Law and ULII official legal texts consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
confidentiality
A legal duty to restrict disclosure of information. Uganda’s 2026 Court Annexed Mediation Rules require mediators to keep mediation information confidential, subject to stated exceptions. Kenya’s Evidence Act separately protects specified advocate-client and other privileged communications; confidentiality rules in data protection law govern personal data in a different setting. Limits or cautions: Confidentiality is not a single blanket rule. Its source, beneficiaries, exceptions and remedies depend on whether the information arises from mediation, legal advice, personal data, public office or another protected relationship.
Official source: Uganda Judicature (Court Annexed Mediation) Rules, 2026; Kenya Evidence Act; Kenya Data Protection Act, 2019. Provision: Uganda SI 14 of 2026, rule 6; Kenya Evidence Act, sections 134–137; Data Protection Act, sections 25–26. Status: Uganda SI 14 of 2026 effective 27 March 2026; official Kenya texts consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
confiscate
To permanently deprive a person of property under a court order after the applicable legal process. Uganda’s Anti-Corruption Act defines confiscation as permanent deprivation of property by court order and includes forfeiture where applicable. Kenyan proceeds-of-crime legislation provides for confiscation and forfeiture proceedings through its own statutory process. Limits or cautions: Confiscation is not the same as temporary seizure or freezing. It requires the statutory basis and procedural safeguards, including notice, proof, third-party interests and any available review or appeal.
Official source: Uganda Anti-Corruption Act, 2009; Kenya Proceeds of Crime and Anti-Money Laundering Act, 2009. Provision: Uganda Anti-Corruption Act, section 2 and section 66; Kenya Act, sections 2 and 82–98. Status: Official ULII and Kenya Law texts consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
consanguinity
A blood relationship relevant to whether a marriage is legally permitted. Kenya’s Marriage Act prohibits marriage between specified close relatives and states that a half-blood relationship is also a bar; the statute lists the relationships rather than applying a single universal rule for every East African state. Limits or cautions: The prohibited degrees and treatment of customary or religious marriages differ by jurisdiction and by statute. Consult the local marriage law; descriptions of Roman or English law should not be treated as governing Kenyan rules.
Official source: Marriage Act, 2014 (Kenya). Provision: Section 10 and related prohibited-relationship provisions. Status: Official Kenya Law text; current statute text consulted 27 September 2026. Review date: 27 September 2026. This entry provides general legal information and is not legal advice.
contra proferentem
A court may resolve genuinely unclear wording against the party who supplied or drafted it, especially where that party seeks to rely on the unclear term. Limits or cautions: This is an interpretive aid, not an automatic rule that defeats clear language. Its application depends on the contract, context and applicable statutory protections.
contrary to law
Conduct or a rule that conflicts with a legal requirement that applies to it. In Uganda, the Constitution is supreme, and inconsistent law or conduct is invalid to the extent of the inconsistency. Limits or cautions: The relevant legal rule must be identified. A disagreement with policy or official preference alone does not establish illegality. The Constitution also provides remedies for infringement of rights.
contravene
To breach, disobey or act inconsistently with a legal duty or prohibition. The legal consequence depends on the particular enactment and the facts proved. Limits or cautions: The word by itself does not identify an offence or remedy. The governing statute must specify the duty, prohibited conduct and applicable consequence.
contributory
In company winding up, a contributory is a person who may be required to contribute to the company’s assets under the insolvency legislation. The extent of liability depends on the person’s status and the statutory rules. Limits or cautions: Check the current Ugandan Act and the company’s legal form.
control
Control can describe the power to direct a company’s affairs or decision-making. Company legislation uses specific tests for control in particular contexts; the applicable test may look to voting rights, board appointment or other influence. Limits or cautions: There is no single test for every legal purpose. The Companies Act definition and the provision being applied govern; tax, competition and securities rules may use different tests.
controlled substance
A narcotic drug or psychotropic substance that is regulated under Uganda’s drug-control legislation. The schedules and statutory definitions determine which substances are controlled. Limits or cautions: Not every medicine or psychoactive product is automatically prohibited. Licensing, medical use, possession, supply and trafficking are separately regulated. Check the current schedules and amendments.
conversion
A civil wrong involving serious interference with another person’s movable property in a way inconsistent with that person’s rights. Ugandan courts apply the tort through local case law and the applicable property rules. Limits or cautions: Ownership, possession, consent, justification and the nature of interference matter.
convey
To transfer or create an interest in land through a legally recognised instrument and the required registration or other formal steps. For registered land, the governing land-registration statute sets the operative formalities. Limits or cautions: A document that says it transfers land may not itself pass a registrable interest unless statutory execution, consent and registration requirements are met.
convict
A person whom a court has found guilty of an offence. The word may also be used as a verb for the court’s act of finding guilt after a plea or trial. Limits or cautions: A conviction is subject to appeal and review rules. A person accused of an offence is not a convict before guilt is lawfully established.
conviction
A court’s formal finding that an accused person is guilty of an offence, followed where appropriate by sentence. It must follow a lawful plea or trial and proof under the criminal standard. Limits or cautions: A charge or arrest is not a conviction. Appeal, retrial and sentence are governed by criminal procedure and constitutional fair-trial guarantees.
copyright
A bundle of rights that protects qualifying creative works and gives the author or other rights-holder control over specified acts such as reproduction, distribution or communication, subject to statutory exceptions. Limits or cautions: Protection, duration, ownership and exceptions are fixed by Ugandan legislation and applicable treaty obligations.
corporate veil
The principle that a company has a legal identity separate from its members. A court may in an exceptional, legally justified case disregard that separation and impose or permit liability beyond the company. Limits or cautions: Veil lifting is not automatic merely because a company cannot pay. A court must apply the governing statutory and case-law grounds to the evidence.
corporation
A company incorporated under statute is a legal person distinct from the people who own or manage it. It can hold rights and obligations in its own name within the powers given by law. Limits or cautions: “Corporation” is not interchangeable with every business, partnership or association. Incorporation law determines legal personality and capacity.
corroboration
Evidence that independently supports or confirms a material part of other evidence. Whether corroboration is legally required depends on the offence, witness category and governing statute or case law. Limits or cautions: There is no universal rule that every witness must be corroborated. Courts must follow constitutional fair-trial protections and the rules applicable to the specific proceeding.
corrupt and illegal practices
Electoral offences such as bribery, undue influence or prohibited conduct are governed by Uganda’s election statutes. The statutory offence and its elements, rather than this broad label, determine liability. Limits or cautions: Identify the election type and current Ugandan enactment.
corruptly
Acting with a corrupt purpose, such as seeking or giving an improper advantage, where a particular offence uses that mental element. The statute defines the conduct and required intent. Limits or cautions: The word is not a free-standing offence. A prosecutor must prove the elements of the specific offence; not every breach of procedure is corruption.
costs
Court-ordered expenses of litigation, including the recoverable legal costs allowed by the applicable rules. The court decides entitlement and assessment under statute, rules and discretion. Limits or cautions: A party does not recover every expense actually incurred. The court may apportion, tax or disallow costs under the relevant procedure.
cotrustee
One of multiple trustees appointed to administer the same trust. Trustees generally must exercise powers according to the trust instrument and statutory duties, including rules for acting jointly where applicable. Limits or cautions: The number of trustees and whether one may act alone depend on the instrument and the statutory power being used.
councilor
An elected or otherwise lawfully appointed member of a local-government council, subject to the Constitution, the Local Governments Act and the rules for the relevant council. Limits or cautions: The Ugandan statutory office is commonly spelled “councillor”. Eligibility, election and functions differ by level of local government.
counsel
A lawyer authorised to advise or represent a client. In criminal law, “counsel” may also appear in offence provisions concerning assistance or encouragement; the context determines the meaning. Limits or cautions: Representation rights and professional status depend on Ugandan law and court procedure. Do not confuse a lawyer acting as counsel with a person alleged to have counselled an offence.
counterclaim
A claim brought by a defendant against the claimant within the same proceedings, as permitted by the Civil Procedure Rules. It is determined alongside the original claim unless the court orders otherwise. Limits or cautions: A counterclaim must meet applicable pleading, service, jurisdiction and limitation requirements. It is not merely a defence or denial.
counterfeiter
A person who, without the rights holder’s authority, carries out conduct that Kenya’s Anti-Counterfeit Act treats as counterfeiting. Depending on the conduct, this can include making or packaging copied protected goods, making a confusing imitation, or producing copyright-infringing copies. Limits or cautions: The Act defines “counterfeiting” and “counterfeit goods”, rather than creating one general definition of “counterfeiter”. Liability depends on the specific prohibited act and the person’s role. Kenya’s statutory wording should not be applied automatically in another state.
counterfeiting
Under Kenyan law, counterfeiting covers specified unauthorised acts involving protected goods and intellectual property. The statutory definition includes imitating goods so they are identical or substantially similar to protected goods, making a confusing imitation, making infringing copies, and deliberate fraudulent mislabelling of medicine. Limits or cautions: This is an intellectual-property and trade definition. Separate Penal Code provisions govern counterfeit coin and currency. Other East African states use their own statutes, protected-rights rules and enforcement agencies.
counteroffer
A response to an offer that proposes different terms rather than accepting the offer as made. A Kenyan High Court judgment describes acceptance of a counter-offer as forming a contract on the new terms, if the other party accepts it. Limits or cautions: This is a common-law contract principle applied through local judgments; the result depends on the parties’ communications and conduct. Do not treat a request for clarification or a qualified acceptance as a counter-offer without examining the facts.
courier
For diplomatic communications, a diplomatic courier is a person carrying a diplomatic bag and protected while performing that function. The applicable treaty text requires the courier to carry an official document stating the person’s status and the number of packages in the bag. Limits or cautions: This entry covers the narrower diplomatic-law usage, not ordinary parcel delivery. Kenya gives effect to the relevant privileges through national legislation. The Vienna Convention on Diplomatic Relations has broad regional participation, but treaty status should be checked state by state.
course of dealing
A sufficiently established pattern between parties, or a recognised trade usage, may help a court determine what their agreement meant. A Kenyan High Court states that the usage must be well known, certain, reasonable and consistent with legislation and fundamental legal principles. Limits or cautions: A party must prove the alleged practice; repetition alone does not automatically add a term to the contract. The judgment’s test is a Kenyan judicial statement and must be read with the governing contract and statute.
court
A court of judicature established by or under the authority of Uganda’s Constitution. The Constitution also names the Supreme Court, Court of Appeal, High Court and subordinate courts, and assigns judicial power to the courts. Limits or cautions: The constitutional definition is Ugandan. Kenya’s Penal Code uses “court of competent jurisdiction” for its own purposes, while other states define courts through their constitutions and court statutes. The word can also mean the building, but that is not its legal institutional meaning here.
court calendar
In Kenyan court administration, the closest practical equivalent is the cause list: the Judiciary’s published list of matters fixed for hearing on a particular day or period. The list identifies scheduled business; it is not itself a judgment or a guarantee that a matter will be reached. Limits or cautions: “Court calendar” is not the usual Kenyan procedural label. Cause lists are published by court and date, and listings can change; parties must comply with the court’s notice and directions.
court of original jurisdiction
A court exercising original jurisdiction determines a matter at first instance, before any appeal. Uganda’s Constitution gives the High Court unlimited original jurisdiction in all matters, subject to the Constitution, and allows other jurisdiction to be conferred by law. Limits or cautions: “Court of original jurisdiction” describes a jurisdictional role, not one fixed court for every case. Statutes may assign first-instance authority to magistrates’ courts or specialised courts; appeal routes differ by subject and statute.
court papers
Documents placed on the court record in a case, including pleadings and applications, together with supporting documents filed under the applicable procedural rules. Kenyan judgments use “court papers” when discussing documents lodged in proceedings. Limits or cautions: The required documents, format, service and filing deadlines depend on the court and case type. “Court papers” is an informal umbrella phrase, not a substitute for the precise document names in the applicable rules.
court system
The constitutionally organised network of courts that exercises judicial power. Uganda’s Constitution establishes the Supreme Court, Court of Appeal, High Court and subordinate courts; the Administration of the Judiciary Act provides the administrative framework for the courts. Limits or cautions: Court names, levels, jurisdiction and appeal routes differ across East African states. This entry describes Uganda’s structure and should not be read as a region-wide hierarchy.
creditor
In Part VIII of Uganda’s Contracts Act, a creditor is the person to whom a guarantee is given. That Part deals with guarantees, including a promise to answer for another person’s default. Limits or cautions: This is a context-specific statutory definition for the guarantee provisions; in insolvency, lending and enforcement law, “creditor” may have a broader or separately defined meaning. Kenya’s and other states’ statutes may use different definitions.
criminal contempt
Contempt dealt with in a punitive, quasi-criminal manner because conduct interferes with the administration of justice or disobeys the authority of the court. Kenyan statutes make specified conduct contempt, and Kenyan judgments require procedural fairness before punishment. Limits or cautions: The distinction between civil and criminal contempt affects purpose, procedure and available sanctions. The precise source of jurisdiction and procedure has changed through legislation and court decisions; a live case requires the current statute and binding appellate decisions.
criminal defendant
The person against whom a criminal charge is brought. Ugandan criminal procedure generally uses “accused person” rather than “criminal defendant”; a person charged with an offence has procedural rights and may give evidence for the defence under the statutory conditions. Limits or cautions: Being accused is not a finding of guilt. The Constitution protects the presumption of innocence, and procedural rules differ between magistrates’ courts and trials on indictment.
cross-appeals
A respondent who wants the appellate court to change or add to the decision may file a notice of cross-appeal under Kenya’s Court of Appeal Rules. The rules define that notice by reference to the prescribed filing step; Kenyan judgments also discuss cross-appeals under the Civil Procedure Rules. Limits or cautions: The route and filing time depend on whether the case is before the Court of Appeal, a High Court or a specialised court. Kenya’s rules should not be imported into another East African jurisdiction.
cross-examination
The examination of a witness by the opposing party after examination-in-chief. Uganda’s Evidence Act expressly uses this definition; the rules governing relevance, leading questions and the order of examination apply in the proceeding. Limits or cautions: The statutory term is used in both civil and criminal proceedings, but procedure may be modified by other legislation or court rules.
cruelty to animals
Conduct that causes an animal prohibited suffering or involves a prohibited use or treatment. Ugandan and Kenyan legislation criminalises specified acts and omissions rather than relying on one general definition. Limits or cautions: The statutory tests, protected animals, exceptions and penalties are not identical. Uganda’s Animals (Prevention of Cruelty) Act and Kenya’s Prevention of Cruelty to Animals Act must be applied separately; ordinary-language cruelty is not itself the complete offence test.
crystallization
When a floating security becomes fixed on the company assets then within its scope, usually because a contractually stated event or enforcement step has occurred. The charge stops floating over changing assets. Limits or cautions: The event that triggers crystallization depends on the security instrument and applicable insolvency and company law. In Lochab Brothers, the Court of Appeal discussed priority consequences where a floating charge crystallised; that case is not a universal rule that every charge crystallises in the same way.
cultural property
Objects, sites, buildings or other heritage material protected because of their cultural, historical, archaeological, artistic or scientific importance. International instruments and national heritage laws identify protected categories and regulate protection, ownership, movement or return. Limits or cautions: There is no single region-wide definition that replaces national heritage statutes. Kenya’s law also protects traditional knowledge and cultural expressions; the 1970 UNESCO Convention addresses illicit import, export and transfer of ownership of cultural property. Treaty obligations depend on each State’s participation and domestic implementation.
curator ad litem
A person appointed for a particular court proceeding to assist in protecting a child’s interests. Kenyan legislation and decisions generally use “guardian ad litem”; Uganda’s Children Act provides child-protection and court processes using its own statutory terminology. Limits or cautions: Do not assume “curator ad litem” is the statutory title in every East African state. In Kenya, appointment and duties arise under the Children Act and court orders; the child’s representative is not automatically the child’s litigation guardian in every kind of case.
currency
Money recognised for payment within a legal system. Each EAC Partner State continues to regulate its own currency through national monetary law and its central bank. The EAC Monetary Union Protocol sets a process for progressively converging national currencies toward a regional single currency. Limits or cautions: The Protocol’s goal does not mean that the EAC already uses one currency. National notes, coins, legal-tender rules and monetary authorities remain jurisdiction-specific. Treaty obligations and implementation should be checked for the State and issue concerned.
custodian
Under Uganda’s Children Act, a custodian is a person in whose care a child is physically placed. The Act separately defines guardianship and parental responsibility, so physical care does not by itself transfer every parental power. Limits or cautions: This statutory definition is specific to Uganda’s child-law framework. Kenya’s Children Act uses its own custody, care and parental-responsibility provisions; terms should not be treated as interchangeable across borders.
custody
In child matters, custody concerns the court-ordered care and control of a child, including where the child lives and which parent or other person has responsibility for the child. In criminal procedure, “custody” instead concerns detention by lawful authority. Limits or cautions: Children’s custody is governed by child-welfare legislation and the child’s best interests. Kenya’s Children Act 2022 and Uganda’s Children Act use distinct definitions and procedures. Criminal detention rules are a separate use of the same word.
custody proceeding
A court process in which a judge decides who should have legal or physical care of a child, and may address access, residence, protection or related parental responsibilities. Limits or cautions: The governing test is the child’s best interests, not a parent’s ownership claim. Kenyan statutes provide specific custody orders and factors; Uganda’s Children Act and court structure differ. Orders can be varied when circumstances and the child’s welfare justify it.
cybercrime
An offence involving a computer system, data or electronic communications, or an ordinary offence committed using digital technology. The applicable statutes define particular offences; “cybercrime” is an umbrella label, not one offence with a single regional definition. Limits or cautions: Kenya’s Computer Misuse and Cybercrimes Act was amended in 2025, and the Court of Appeal considered constitutional challenges in 2026. Uganda’s Computer Misuse Act has separate offence definitions and amendments. Identify the exact offence and current provision before describing conduct as criminal.
cyberstalking
Uganda’s Computer Misuse Act creates an offence for wilful, malicious and repeated electronic communication used to harass another person and to threaten harm with intent to cause reasonable fear for safety. Limits or cautions: The offence is defined by the statutory elements; repeated unwanted messages alone do not automatically satisfy them. The Constitutional Court has considered section 25 alongside other Computer Misuse Act offences. Kenya’s law uses its own cybercrime and harassment provisions rather than an identical offence label.
direct confession
A statement by an accused person that admits committing the offence. In Kenya, whether the statement is admissible depends on the Evidence Act, constitutional safeguards and applicable confession rules. Limits or cautions: “Direct confession” is not a separate statutory confession category in Kenya. Kenyan Evidence Act section 25A regulates how a confession is recorded; section 26 excludes statements caused by specified inducements, threats or promises. Uganda applies its Evidence Act and constitutional protections separately.
due process and equal protection
Constitutional guarantees requiring lawful, fair procedures and equal treatment by public authorities. Uganda expressly guarantees equality before and under the law and equal protection; Kenya separately protects equality and the right to a fair hearing. Limits or cautions: “Due process” is not a single identical clause across East African constitutions. Use each State’s constitutional language and case law. Uganda’s Articles 21 and 28 and Kenya’s Articles 27 and 50 are related protections but have distinct scope, limitation rules and remedies.
employment contract
An agreement under which a person works for an employer in return for remuneration, subject to employment legislation. Kenya and Uganda commonly frame statutory rights around a “contract of service.” Limits or cautions: Employment statutes can apply regardless of the label used by the parties. Written-form rules, minimum particulars, termination and remedies differ by country. The common-law distinction between employee and independent contractor must be assessed under the relevant national statute and cases.
extrajudicial confession
A confession made outside a court hearing. Kenyan law does not admit such a statement merely because it acknowledges guilt: statutory recording requirements and safeguards must be met, and the court decides admissibility. Limits or cautions: Kenyan section 25A and the Evidence (Out of Court Confessions) Rules 2009 govern the recording process. An out-of-court statement may be excluded if the required officer, third-party presence, voluntariness or other legal conditions are absent. Uganda’s procedure is not identical.
family court
A court exercising jurisdiction over family or child matters. The functional label differs: Kenya’s Children Act establishes Children’s Courts; Uganda’s Children Act provides for Family and Children Courts. Limits or cautions: There is no uniform East African institution formally named Family Court. Jurisdiction, staffing, procedure and available orders depend on the national statute. Kenya’s Children’s Court has the jurisdiction assigned by its Act; Uganda’s Family and Children Court operates under Uganda’s Children Act and court structure.
foreign consulate
A consular office of a sending State in a receiving State. Kenya’s Privileges and Immunities Act defines a consular post to include a consulate-general, consulate, vice-consulate or consular agency; the Vienna Convention on Consular Relations sets the international framework. Limits or cautions: Consular offices are distinct from embassies and diplomatic missions. Immunities and privileges attach according to the officer’s status and official functions, not simply because a person works at a foreign consulate. Kenya and Uganda are parties to the Vienna Convention; national implementing law and treaty reservations should be checked for each State.
foreign corporation
For Kenyan company law, the corresponding statutory term is “foreign company”: a company incorporated outside Kenya. Registration rules apply before it carries on business in Kenya. Limits or cautions: “Foreign corporation” is not the Kenyan statutory label. Kenya’s Companies Act uses “foreign company”; the applicable registration and reporting duties depend on whether the company carries on business in Kenya. This entry provides general legal information and is not legal advice.
foster child
Ugandan law describes a foster parent as a person who is not the child’s biological parent or relative and who assumes parental responsibility through a care order. A foster care placement is a formal placement with a non-parent or non-relative willing to provide care and maintenance. Limits or cautions: Placement safeguards, assessment and the child’s welfare govern formal fostering. This entry provides general legal information and is not legal advice.
fraudulent concealment
Where fraud or deliberate concealment prevents a claimant from discovering a right, Uganda’s limitation law can postpone the start of the limitation period until the fraud or concealment is discovered, or could with reasonable diligence have been discovered. Limits or cautions: A bare allegation is not enough. The claimant must plead and prove the facts that bring the claim within the statutory postponement rule; the rule does not automatically revive every stale claim. This entry provides general legal information and is not legal advice.
general court-martial
A statutory military tribunal within Uganda’s defence-forces justice system. The Uganda Peoples’ Defence Forces Act gives the General Court Martial original and appellate jurisdiction over the offences and persons governed by that Act. Limits or cautions: This is a specialised military forum, not the ordinary highest criminal court. The governing Act, service status of the accused, offence and statutory appeal route determine its jurisdiction. This entry provides general legal information and is not legal advice.
children with special needs
The Children Act uses this term for children whose long-term physical, mental, intellectual or sensory impairments may hinder their full and effective participation in society on an equal basis with others. Limits or cautions: The statutory definition is tied to the Children Act. It should not be assumed to determine eligibility under every separate disability, education or social-protection programme. This entry provides general legal information and is not legal advice.
highest court
Kenya’s Supreme Court is the apex court and the court of final judicial authority, subject to the Constitution’s rules defining its original and appellate jurisdiction. Limits or cautions: There is no single “highest court” for the whole East African region. Each state has its own constitutional court hierarchy, and regional or international courts have separate, treaty-based jurisdictions. This entry provides general legal information and is not legal advice.
holding company
A company is a holding company of another where the statutory control tests are met, including control of the other company’s board, more than half its voting rights or more than half its issued share capital. Limits or cautions: The Companies Act test is technical. A business relationship or substantial influence alone does not necessarily make one company a statutory holding company. This entry provides general legal information and is not legal advice.
illegal consideration
A promised exchange that is unlawful under Uganda’s Contracts Act cannot support an enforceable contract. The Act requires lawful consideration and an object that is not forbidden by law or opposed to public policy. Limits or cautions: Whether an exchange is unlawful depends on the statute and facts. Avoid assuming that every regulatory breach automatically makes the whole agreement void; identify the legal consequence attached to the particular prohibition. This entry provides general legal information and is not legal advice.
illegal contract
Uganda’s Contracts Act defines a contract as an agreement enforceable by law and a void agreement as one that is not enforceable by law. An agreement with an unlawful object or consideration may therefore be unenforceable under the Act. Limits or cautions: The court must apply the relevant statutory rule and distinguish void agreements from voidable contracts and other remedies. This entry provides general legal information and is not legal advice.
implied condition
In a Kenyan sale of goods contract, legislation implies particular conditions in defined situations. For example, goods may have to be reasonably fit for a disclosed purpose where the buyer relies on the seller’s skill, or of merchantable quality when bought by description from a seller dealing in those goods. Limits or cautions: The implication is limited by the statutory requirements and exceptions. An express term may displace an implied term if the two are inconsistent; an examined defect may also fall outside the statutory condition. This entry provides general legal information and is not legal advice.
joint contract
Uganda’s Contracts Act recognises a joint promise made by two or more promisors. Unless the contract shows a different intention, a promisor who performs more than their share may require the other joint promisors to contribute equally. Limits or cautions: The Act’s statutory rule is about joint promises and contribution. It does not mean every contract involving several parties creates identical or joint liability; the wording and structure of the agreement matter. This entry provides general legal information and is not legal advice.
joint custody arrangement
Ugandan legislation defines joint custody as a court order granting custody of a child to two or more people. The child’s welfare and best interests guide the court’s decision. Limits or cautions: Joint custody does not, by itself, prescribe equal time or identical physical-care schedules. The order should specify practical arrangements and responsibilities; other East African states use their own language and procedures. This entry provides general legal information and is not legal advice.
limited company
Kenya’s Companies Act recognises companies limited by shares and companies limited by guarantee. The liability framework depends on the company type and its constitution; “limited company” is not simply a promise that every shareholder can never be liable. Limits or cautions: The company’s legal form and statutory exceptions matter. Personal guarantees, unpaid share amounts, wrongful conduct and other statutory grounds can create personal liability. This entry provides general legal information and is not legal advice.
marriage contract
Kenya’s Matrimonial Property Act allows people intending to marry to make an agreement before the marriage to determine their property rights. The agreement is about property; it does not replace the legal requirements for a valid marriage. Limits or cautions: The Act allows a court to set aside an agreement procured by fraud, coercion or manifest injustice. Other East African states have different marital-property statutes and rules. This entry provides general legal information and is not legal advice.
naturalborn citizen
The term corresponds most closely to Kenya’s constitutional category “citizen by birth”. A person qualifies if, on the day of birth, either parent is a Kenyan citizen, whether the person is born in Kenya or elsewhere. Limits or cautions: Kenyan law does not use the US-style “natural-born citizen” as its operative category. Uganda also uses “citizen by birth”, but its constitutional rules should be applied separately. Birth in a country alone is not a universal rule across the region.
natural channel
Under Kenya’s Water Act, a watercourse includes a natural channel or depression in which water flows regularly or intermittently, unless the Water Resources Authority declares it is not a watercourse under the Act. Limits or cautions: The statutory term is “watercourse”; “natural channel” is part of its definition. The Act’s definition governs water permitting and management in Kenya and should not be assumed to settle title or riparian rights in another state.
new cause of action
A claim introduced by amendment that is materially distinct from the claim already pleaded. Kenya’s Civil Procedure Rules allow an amendment adding or substituting a new cause of action when it arises from the same or substantially the same facts as a claim already in the suit. Limits or cautions: This is a procedural test, not a general permission to replace one dispute with another. Limitation periods, accrued rights, prejudice and the court’s discretion still matter. Uganda applies its own amendment rules and case law.
noncompetition covenant
A contractual promise restricting a person from competing with a former employer or business partner. In Kenya, the court may examine whether the restraint is reasonable and whether enforcing it would conflict with the Contracts in Restraint of Trade Act and public policy. Limits or cautions: A non-compete is not automatically enforceable merely because it was signed. The Act gives courts powers to void restraints in specified circumstances; outcomes depend on the covenant and evidence. Mwaura v Taxify discusses the Kenyan statutory framework and livelihood concerns.
paidin capital
Uganda’s Tier 4 Microfinance Institutions and Money Lenders Act treats paid-in shares as one component of an institution’s capital. For a SACCO, the Act defines core capital by reference to shareholders’ equity, including issued and fully paid-up shares and approved retained reserves. Limits or cautions: The Act does not make “paid-in capital” a single universal company-law measure. The applicable meaning depends on the institution type and the particular statutory capital test.
parent corporation
Uganda company law uses “holding company”. It is a company that has one or more subsidiaries under the control tests in the Companies Act, including control of board composition or voting rights. Limits or cautions: The local statutory term is “holding company”, not “parent corporation”. The test is set by the Act and is not limited to owning more than half of the shares. Kenya’s Companies Act also uses “holding company” and “subsidiary”.
posthumous child
For succession purposes, Kenya’s Law of Succession Act includes a child conceived but not yet born in the meaning of “child”, subject to the statutory rule that the child must be born alive. This can preserve an inheritance interest where a parent dies before the birth. Limits or cautions: The effect depends on the governing succession law and proof of conception and live birth. In Rose Nafula Wanyama v Chibanga, the Court of Appeal considered whether a posthumous child could inherit where the child was not in utero at the father’s death.
purposive construction
An interpretive approach that reads a constitutional provision in light of its text, purpose, values and context. Kenya’s Constitution directs courts to interpret it in a way that advances its purposes and principles. Limits or cautions: Purpose helps explain the text; it does not authorise a court to disregard constitutional wording or substitute a preferred policy. Article 259 is a Kenyan constitutional rule. Other East African constitutions may set out their own interpretive directions.
public contract
Rwanda’s public procurement law defines a procurement contract as the agreement document between a procuring entity and the successful bidder. It governs the acquisition of works, goods or services by a public entity for payment and is subject to the statutory procurement process. Limits or cautions: “Public contract” is broader in ordinary usage than the statute’s procurement contract. The law contains its own scope, exceptions and treaty-conflict rule; other East African states have separate procurement laws and procedures.
reasonable care
The care a reasonably careful person should use in the circumstances. Kenyan courts apply the standard to the facts of the case; a claimant alleging negligence must establish the relevant duty, breach and resulting loss. Limits or cautions: The exact standard depends on the relationship, activity and foreseeable risk. In road-traffic cases, courts consider the care expected of road users. This common-law formulation should not be treated as a complete statutory definition.
representative capacity
A party acts in a representative capacity when bringing or defending proceedings on behalf of another person or a group under legal authority. Uganda’s Civil Procedure Rules require the pleadings to state the capacity in which the party sues or is sued. Limits or cautions: The rules governing authority, notice, permission and binding effect depend on the kind of representation, such as estate administration or a representative suit. The label alone does not establish authority to litigate.
roll call
A parliamentary voting method in which members’ names are called and their votes are recorded individually. Uganda’s Rules of Procedure regulate roll-call voting and provide for a repeat vote if a tally or recorded name cannot otherwise be corrected. Limits or cautions: The rules are specific to the Parliament of Uganda. A roll-call vote is distinct from voice voting and electronic voting under the applicable parliamentary procedure.
several count
A count is a numbered allegation of an offence within a charge or indictment. Uganda’s Magistrates Courts Act requires counts in a charge to be numbered consecutively where more than one is included. Limits or cautions: Joining offences is controlled by statutory rules and the court may direct separate trials where fairness requires it. “Several count” is not a distinct East African doctrine; the statutes regulate count and joinder procedure.
separate count
A distinct offence allegation set out separately in a charge or information. Kenya’s Criminal Procedure Code provides for joinder of offences and requires each offence to be set out separately when more than one offence is tried together. Limits or cautions: Separate counts must give the accused fair notice of each offence. Whether multiple offences may be tried together depends on the statutory joinder rules and the circumstances; duplicity and prejudice may require correction or separate trials.
smallclaims court
A simplified civil forum or procedure for eligible lower-value claims. Kenya has a Small Claims Court established by statute, with specified claim types and a monetary ceiling. Uganda instead provides a small-claims procedure before designated courts; its Rules define a small claim by reference to a value not exceeding ten million Uganda shillings. Limits or cautions: The two systems are not identical. Kenya’s statute establishes a court and lists its jurisdiction; Uganda’s instrument establishes a procedure and designates courts. Check current monetary limits, claim categories, exclusions and appeal rules in the relevant country.
standing committee
A committee formally established under Parliament’s rules to handle continuing business within an assigned area. Uganda’s Rules of Procedure distinguish standing committees from select, ad-hoc and committee-of-the-whole arrangements and set out membership and functions. Limits or cautions: The precise remit and composition are determined by the current Rules of Procedure and parliamentary resolutions. “Standing committee” does not have one uniform structure across East African parliaments.
stepchild
Kenya’s Law of Succession Act names stepchildren as possible dependants who may apply for reasonable provision from an estate if they were maintained by the deceased immediately before death. A Kenyan High Court has also treated a stepson as a child under the Act in the circumstances of a case. Limits or cautions: A stepchild is not automatically entitled to an intestate share in every case. The statutory maintenance and succession rules apply, and other East African states have distinct inheritance laws.
strict liability crime
An offence for which the prosecution need not prove a specified mental element for at least one element of the offence. Kenyan courts have treated particular statutory offences as strict liability, while recognising that the statute and constitutional fair-trial protections govern the result. Limits or cautions: Strict liability is not a general label that removes every defence or every mental element. The classification is offence-specific. In Stephen Odede v Republic, the High Court treated a Kenya Defence Forces Act offence as strict liability but considered a mental-incapacity argument.
subcontract
A contract made by a main contractor with another person to perform part of the main contractor’s obligations. Kenyan legislation recognises that a public body may subcontract a function where the statute authorises it; the main contractor remains responsible for obligations imposed by the main contract and law. Limits or cautions: A subcontract does not automatically transfer the main contractor’s legal responsibility. The public body’s power to subcontract and any procurement requirements depend on the enabling Act and the contract.
subsidiary corporation
Uganda company law defines a subsidiary through control by a holding company. Control may arise through the composition of the board, control of voting rights, or the statutory subsidiary relationship; the Act also provides for wholly owned subsidiaries. Limits or cautions: The statutory test is more detailed than a simple “more than half the shares” test. Kenya also defines subsidiary by reference to a holding company, but the precise provisions and accounting consequences must be checked under Kenyan law.
systematic actions (crimes against humanity)
A listed serious act, such as murder, enslavement, deportation, torture or persecution, committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack. Limits or cautions: The recognized Kenyan legal category is crimes against humanity. Kenya gives the Rome Statute definition domestic effect through the International Crimes Act. International Court jurisdiction and domestic prosecution are distinct. Other states’ domestic implementation and treaty status must be checked separately.
target corporation
A company whose voting shares or effective control are the subject of a takeover offer. Kenyan takeover rules use “offeree company” and “company whose shares are the subject of a takeover offer.” Limits or cautions: “Target corporation” is not the controlling Kenyan statutory label. Duties, thresholds, notices and investor protections are governed by the Companies Act, Capital Markets Act and takeover regulations.
testamentary capacity
The mental ability required to make a valid will. Kenyan law presumes capacity for an adult testator unless evidence rebuts the presumption; the court examines whether the person understood the act, property and relevant claims. Limits or cautions: The statutory presumption and the evidence in the particular case matter. Capacity is not decided solely by age, diagnosis or a label in a medical record.
third-party-beneficiary contract
An agreement made by two parties with an intended benefit for someone outside the agreement. Kenyan law generally follows privity: the beneficiary cannot ordinarily enforce the contract merely because it benefits them, subject to recognized exceptions. Limits or cautions: This local treatment differs from jurisdictions with broad statutes giving intended beneficiaries direct enforcement rights. Kenyan case law recognizes limited exceptions, including some trust, agency and security arrangements; the instrument and pleaded exception must be examined.
trafficking crime
Recruiting, transporting, transferring, harbouring or receiving a person through prohibited means for exploitation, as defined by Kenya’s Counter-Trafficking in Persons Act. The offence may occur wholly within Kenya or across borders. Limits or cautions: The statutory elements, including the required means and purpose, must be proved. The international definition in the Palermo Protocol informs the framework, but the domestic offence is prosecuted under national legislation.
unborn child
A child not yet born. Kenya’s Constitution provides that the right to life begins at conception, while treating a child conceived but not yet born as born for a child’s benefit where the child is later born alive. Limits or cautions: This does not create a universal definition of legal personhood for every purpose. Constitutional protection, succession, criminal law and reproductive-health rules address different legal questions. Do not transfer Kenya’s formulation to another state without checking its law.
unliquidated claim
A claim whose amount has not yet been fixed by agreement, statute or straightforward calculation and must be assessed by the court on evidence. Limits or cautions: A stated figure in a pleading does not necessarily make damages liquidated. Kenyan courts distinguish a debt or liquidated demand from unliquidated damages when deciding whether default judgment may be entered.
unprofessional conduct
Conduct incompatible with the standards and duties of a regulated profession. For advocates, Kenyan law provides a disciplinary process for professional misconduct, including conduct incompatible with an advocate’s professional status. Limits or cautions: The applicable definition and sanction depend on the profession’s governing statute and code. The term is not a single East African-wide offence or standard.
unsecured creditor
A creditor whose debt is not secured by a charge or other security over particular property. The Insolvency Act expressly defines the term for its purposes. Limits or cautions: Priority and recovery depend on the insolvency procedure, statutory preferences and any valid security. This definition is tied to the Kenyan Insolvency Act and should not be presumed identical elsewhere.
voidable contract
A contract that remains operative unless a party with the legal right to do so elects to rescind it. Kenyan courts distinguish a voidable agreement from one that is void from the outset. Limits or cautions: The ground for rescission, election, notice and any restitution are governed by the particular doctrine and statute. A breach alone does not make every contract voidable.
voluntary commitment
Admission to a mental-health facility with the person’s consent under the statutory process. Kenya’s Mental Health Act regulates voluntary admission, continued stay where capacity changes, and discharge. Limits or cautions: Consent, capacity, safeguards and review procedures matter. The statute permits specific procedures for particular circumstances; voluntary admission should not be equated with involuntary detention.
voluntary confession
A confession that the court finds was made freely and is admissible under the governing evidence law. Ugandan courts require the trial court to satisfy itself about voluntariness and to use a trial-within-a-trial where the issue is contested. Limits or cautions: Rules differ by state. In Kenya, the Evidence Act and Confessions Rules prescribe who may record a confession and how; voluntariness alone does not cure non-compliance with those formal requirements.
damages
Money ordered by a court to compensate for loss, vindicate a right, or, in limited cases, punish or deter wrongful conduct. The court selects the measure permitted for the cause of action and evidence. Limits or cautions: Compensatory, nominal, aggravated and exemplary awards have different purposes and thresholds; the label does not itself establish entitlement.
dangerous driving
Driving conduct that meets the elements of a road-traffic offence, such as reckless or dangerous driving, under the applicable national statute. The prosecution must prove the statutory conduct and required mental or objective standard. Limits or cautions: Offence names and tests vary by statute.
database
An organized collection of information or data. Legal consequences may arise from personal-data processing, electronic records, copyright in an original selection or arrangement, or sector-specific duties. Limits or cautions: The term does not by itself decide ownership or copyright. Personal data and the structure of a collection are governed by different rules.
data protection
Rules governing collection, use, storage, disclosure and security of personal data. They give individuals rights and impose duties on data controllers and processors. Limits or cautions: The legal basis, regulator, enforcement route and exemptions differ by state. The concept concerns personal data, not every kind of information.
debenture
A company security or debt instrument. Uganda’s Companies Act treats debentures broadly, including debenture stock, bonds and other company securities, whether or not they charge company assets. Limits or cautions: The rights of a holder depend on the instrument, any security, registration and insolvency law.
debt
An enforceable obligation to pay money or satisfy a liability. Whether a sum is presently due, disputed, secured or provable in insolvency depends on the contract and governing statute. Limits or cautions: A debt may be contingent, secured, preferential or unsecured; these classifications affect procedure and recovery.
debtor
A person who owes a debt or is liable to perform a financial obligation. In consumer-credit legislation, the term may have a narrower statutory meaning tied to a particular agreement. Limits or cautions: Do not assume every person owing money is a “debtor” for every statutory procedure.
deception
Misleading another person by a false statement, concealment or conduct where a statute makes the behaviour an offence or gives a civil remedy. The legally relevant elements depend on the particular enactment. Limits or cautions: “Deception” is not one universal offence. The prosecution or claimant must identify the applicable offence or statutory remedy.
declaration
A formal statement of fact or legal position. In court, a declaration may also be a remedy stating the parties’ rights without itself ordering a specific act. The governing procedure determines form and effect. Limits or cautions: An out-of-court declaration is not automatically admissible evidence; a declaratory remedy must be sought from a court with jurisdiction.
declaration against interest
A statement against the maker’s financial or proprietary interest may fall within a recognized hearsay exception if the conditions in the evidence law are met. Limits or cautions: The exception is technical and depends on the maker, circumstances, and the precise statutory text; it is not a free-standing rule for every admission.
declaration concerning pedigree
A statement about family relationship or descent may be relevant to prove pedigree when the evidence statute’s conditions are satisfied. Limits or cautions: The statute controls who may make the statement, the timing and the relationship to the family question in dispute.
declaration concerning public or general rights
A qualifying statement about the existence of a public or general right may be admitted under the applicable evidence-law exception. Limits or cautions: Admissibility depends on the statutory conditions and does not itself prove the claimed right.
declaration in course of duty
A record or statement made by a person while performing a duty to record information may be admissible under statutory rules for official or business records. Limits or cautions: The record’s source, timing, duty and statutory foundation matter; a document is not admissible merely because it is written.
declaration of parentage
A court order determining whether a person is legally a parent. The court applies the national family statute and the child’s best interests, with evidence such as birth records or testing where permitted. Limits or cautions: Procedure, standing, legal presumptions and treatment of DNA evidence differ by state.
declaration of trust
A sufficiently clear expression that property is held for another person or purpose. The law may require writing or other formalities, especially for land. Limits or cautions: The intention, identifiable trust property and beneficiary or purpose must satisfy the governing law; land formalities vary.
declaratory judgment
A court decision stating the legal rights or obligations of parties. It can resolve a legal uncertainty, but usually needs an additional order if coercive enforcement is required. Limits or cautions: Standing, jurisdiction and the availability of other remedies are controlled by the relevant procedural law.
decree
A law or formal court order, depending on context. In civil procedure, the term may refer to the formal expression of an adjudication that conclusively determines rights in a suit. Limits or cautions: The ordinary meaning “law” and procedural meaning “court decree” must be distinguished by context.
deductions
Amounts withheld from wages. An employer may make only deductions authorized by law, a court order, or a valid agreement within statutory limits. Limits or cautions: Permitted deductions, consent requirements and caps vary. Employers must retain wage records and provide payslips as required by local law.
deed
A formal written instrument executed with the legal formalities required for a deed. In Uganda, a document’s legal effect depends on the relevant property or transaction statute, not its title alone. Limits or cautions: Formalities differ by instrument and jurisdiction. Registration may be needed for certain land interests.
deed of covenant
A formal instrument recording a promise, commonly concerning payment or land obligations. Its enforceability depends on execution, consideration or deed formalities, and any registration rules. Limits or cautions: A label alone does not create a valid covenant; the instrument and transaction must meet local formalities.
deed of gift
A formal transfer of property without payment. A valid gift requires the intention and transfer steps demanded by the law governing that type of property. Limits or cautions: The rules differ for land, movable property and gifts made in contemplation of death.
deed of variation (deed of family arrangement)
A formal agreement by beneficiaries or interested persons changing how an estate or property interest is dealt with, where succession law and any court process allow the change. Limits or cautions: A variation cannot defeat creditors, tax obligations, protected dependants or statutory formalities.
deed poll
A unilateral formal instrument used to declare a change or adoption of a name where national procedure recognizes it. It does not replace statutory registration requirements. Limits or cautions: National registers and documentation rules determine whether a deed poll alone is sufficient.
defamation
Publishing a false statement about an identifiable person that harms reputation, subject to statutory defences and constitutional protection for expression. Limits or cautions: The balance between reputation and expression, available defences, limitation periods and remedies vary by state.
default
Failure to perform a legal or contractual requirement by the required time or in the required way. The consequence depends on the governing statute, contract and procedural rules. Limits or cautions: A default does not always terminate a right or contract automatically; notice and cure periods may apply.
defect
A fault or non-conformity that makes a product, service or structure fail a legal or contractual standard. The remedy depends on the governing consumer, building, sale or negligence rule. Limits or cautions: A defect’s legal significance depends on the product, safety standard, notice and causation.
defence
A defendant’s formal response to a claim, setting out which allegations are admitted or denied and the legal grounds relied on. It is governed by the national civil procedure rules. Limits or cautions: Filing deadlines, required particulars and consequences of omission are jurisdiction-specific.
defence statement
A written outline of the accused person’s defence where criminal procedure rules require or permit it. It helps identify disputed issues and must be read with the constitutional right to a fair trial. Limits or cautions: Do not assume the UK disclosure or defence-statement regime applies. Local rules define whether a statement is required and its use.
defendant
The person or entity against whom a civil claim or criminal charge is brought. The procedural role and rights depend on the type of proceeding. Limits or cautions: In criminal proceedings, the constitution and criminal procedure statutes govern protections; civil defendants have distinct rules.
deferred sentence
A court postpones final sentencing under authority given by the applicable national law, usually to obtain information or assess circumstances before imposing sentence. Limits or cautions: The power, duration and conditions must come from national law or binding procedural rules; an adjournment is not itself a sentence.
degrading treatment or punishment
Treatment that seriously humiliates, debases or diminishes a person’s dignity. Constitutions and human-rights treaties prohibit torture and cruel, inhuman or degrading treatment. Limits or cautions: The treaty’s binding effect depends on each state’s ratification and domestic legal framework; constitutional tests are applied by national courts.
delegated legislation (subordinate legislation)
Rules made by an authorized body under power conferred by an Act or the Constitution. The rule must stay within the enabling power and meet publication and procedure requirements. Limits or cautions: A court may invalidate subordinate rules that exceed authority, conflict with the parent Act or breach required procedure.
delegation
A lawful transfer or assignment of a function or authority to another person or body. The source statute or constitutional provision controls whether the function can be delegated. Limits or cautions: Delegation cannot be presumed where the power is personal or the law restricts sub-delegation.
delivery
Transfer of possession or control of goods to another person. The timing and legal effect depend on the sale contract and applicable sale-of-goods statute. Limits or cautions: Delivery, ownership and risk of loss can pass at different times under the contract and statute.
demise (in land law)
A transfer of possession or an estate in land for a term, commonly through a lease. The legal effect is determined by land and registration statutes and the lease instrument. Limits or cautions: The term can mean the grant or the lease itself; duration, registration and rights depend on national land law.
dependent
A person who relies on another for financial or practical support. Statutes define dependency differently for employment benefits, succession, compensation and social protection. Limits or cautions: Eligibility, proof and the relevant class of dependants differ by statute and jurisdiction.
deportation
A state-ordered removal of a non-citizen under immigration law. The state must follow statutory process and constitutional or treaty safeguards applicable to the person. Limits or cautions: Deportation is distinct from extradition and voluntary departure. Rights to notice, reasons, review and non-refoulement depend on status and treaty obligations.
deposit
Money or property delivered in advance or as security for a transaction. Whether it is refundable, forfeitable or applied to the price depends on the contract and consumer or tenancy law. Limits or cautions: The word has different uses in banking, tenancy, sale and court procedure; check the specific statutory regime.
deposition
Evidence taken from a witness under oath outside the ordinary in-court testimony process, where statute or court rules authorize it. Limits or cautions: The court controls the permitted purpose, notice, cross-examination and admissibility of the deposition.
derivative claim
A claim brought by a member on behalf of a company to remedy a wrong done to the company, subject to statutory permission and safeguards. Limits or cautions: The cause of action belongs to the company; leave, notice and good-faith requirements apply under national company law.
derogation
A temporary, legally controlled departure from some treaty obligations during a qualifying public emergency. Non-derogable rights and notification requirements remain. Limits or cautions: The African Charter does not contain a general derogation clause. ICCPR derogation is available only to states parties meeting Article 4 conditions.
detention
A person’s lawful custody or confinement by state authority. Arrest, remand and imprisonment each require a legal basis and procedural safeguards. Limits or cautions: Arrest, pretrial detention, immigration detention and sentence custody have distinct legal tests and review procedures.
determinable interest
A property interest that ends when a specified event occurs or a stated condition is breached, if the governing property law recognizes the limitation. Limits or cautions: The instrument must clearly create the condition and comply with registration and transfer rules.
development
A building, engineering, mining or other land-use activity requiring approval under planning, environmental or sectoral law. Limits or cautions: The definition, responsible authority, permits and public-participation duties vary by state and project type.
devise
A gift of property made by will. The will and succession statute determine who receives it, how it is administered and whether the gift is reduced to meet estate liabilities. Limits or cautions: A devise is subject to valid execution, capacity, dependants’ claims, creditors and the applicable law of succession.
devolution
The transfer of authority from central government to subnational government, or the passing of an estate on death, depending on context. Limits or cautions: The two meanings are distinct. Constitutional devolution concerns public power; succession concerns property passing on death.
digital signature
Electronic data attached to or logically associated with an electronic record and used to identify a signatory and authenticate the record, as defined by statute. Limits or cautions: Recognition, reliability and exclusions vary. A digital signature is a specific form of electronic signature.
diminished responsibility
A partial defence or sentencing consideration available only where national criminal law recognizes it and the accused proves the required mental impairment and its connection to the offence. Limits or cautions: The exact defence differs across states; do not assume the English statutory test applies.
diplomatic agent
A member of a diplomatic mission accredited to a receiving state, with privileges and immunities governed by the Vienna Convention and domestic implementing law. Limits or cautions: The privileges attach to defined categories and functions. Each state’s ratification and implementation status must be checked.
diplomatic immunity
Protection from certain forms of the receiving state’s jurisdiction for diplomatic agents and mission functions under the Vienna Convention. Limits or cautions: Immunity is not the same as innocence or permanent exemption; waiver, scope and status are governed by the Convention.
diplomatic mission
An embassy or other official state mission accredited to another state. Its functions, premises and staff protections are governed mainly by the Vienna Convention. Limits or cautions: Consular posts are governed by a separate Vienna Convention. Mission status and privileges depend on accreditation.
direct evidence (original evidence)
Evidence from a witness’s own perception or a source that directly proves a fact, as distinguished from an inference or hearsay statement. Limits or cautions: “Direct” does not automatically mean reliable or admissible; relevance, competence and statutory exclusion rules still apply.
director
A person occupying the office of director, including a person who performs that role under another title or exercises control as a shadow director where the statute so provides. Limits or cautions: Appointment, duties, disqualification and liability vary by statute and company type.
disabled person
A person whose disability falls within the applicable statutory or constitutional definition and who is entitled to protection against discrimination and to access measures. Limits or cautions: Definitions and eligibility for particular services differ. Use the current national statute and avoid treating disability as a single uniform category.
disbar
To remove or suspend a lawyer’s entitlement to practise following disciplinary proceedings under the national legal-profession statute. Limits or cautions: Only the competent statutory body or court may impose the sanction, following the procedure and appeal rights in local law.
discharge
Release from custody, a debt or an obligation, or a court’s disposal of proceedings, depending on context. The legal effect follows the relevant statute or order. Limits or cautions: Always identify what is discharged: a person, charge, contract, debt or liability. Effects are not interchangeable.
discharge of contract
Ending contractual duties by performance, agreement, frustration, breach accepted as termination, or another legally recognized event. Limits or cautions: Termination does not necessarily erase accrued rights or damages claims. The contract and governing law determine the consequences.
disclaimer
A formal refusal to accept a benefit, liability or property interest. The required form and consequences depend on the applicable succession, insolvency or property statute. Limits or cautions: A disclaimer may be irrevocable and can affect tax, creditors and the order of entitlement. Local procedure must be followed.
disclosure
Providing relevant information or documents to another party or a court. The scope is set by constitutional fair-trial rights, procedural rules, privilege and data-protection law. Limits or cautions: Disclosure is not unlimited: relevance, confidentiality, privilege, proportionality and statutory safeguards may restrict it.
disclosure and inspection of documents
The process by which parties identify relevant documents and allow inspection or copying under civil procedure rules. Limits or cautions: The exact scope, timing, privilege rules and sanctions are jurisdiction-specific.
disclosure of interest
A required declaration of a personal, financial or other interest that could affect a public decision or company transaction. Limits or cautions: Who must disclose, to whom, when and with what consequence depends on the office and statute.
discretionary trust
A trust in which trustees choose among eligible beneficiaries or decide the amount or timing of distributions within the trust terms. Limits or cautions: Discretion must be exercised in good faith, for proper purposes and within the trust instrument and statute.
discrimination
Unequal treatment or exclusion on a prohibited ground, subject to the applicable constitutional test and lawful exceptions. Limits or cautions: Protected grounds, comparator tests, affirmative measures and remedies vary among states. Treaty obligations also depend on ratification.
dishonesty
A state of mind involving lack of honesty as defined by the offence or civil rule being applied. It must be proved through the elements and evidence required by that law. Limits or cautions: There is no single test for all offences. The court applies the statutory wording and controlling national precedent.
dishonour
Failure to accept or pay a bill or other instrument when properly presented. The consequences are set by bills-of-exchange legislation and the instrument’s terms. Limits or cautions: Presentment and notice periods are technical; failure to comply can affect recourse against parties.
dismissal
Termination of employment initiated by the employer. Statutory requirements commonly include a valid reason and fair procedure, with remedies for an unlawful dismissal. Limits or cautions: Dismissal for misconduct, redundancy and other reasons may have different procedures and remedies.
dismissal of action
A court’s termination of a claim, either on the merits or for a procedural reason. Whether it prevents a later claim depends on the order and applicable procedural law. Limits or cautions: A dismissal for default may be treated differently from a final judgment on the merits.
disposal
A transfer, sale, destruction or other dealing with property; in tax law it may be a defined event that triggers tax. The governing statute controls. Limits or cautions: The same word carries different legal effects in tax, property and criminal-process settings.
disposition
An act that creates, transfers, varies or ends an interest in property, including a transfer by sale, gift or will. Limits or cautions: Land dispositions commonly require written instruments and registration; estate dispositions must comply with succession law.
disqualification
A legal bar preventing a person from holding a licence, office, company directorship or other status, usually because a statute’s conditions are met. Limits or cautions: Duration, grounds, procedure and appeal rights depend on the statute imposing the bar.
dissolution
The legal ending of a company or marriage. The required order, grounds, notice and consequences depend on the relevant national statute. Limits or cautions: Company dissolution and divorce are distinct procedures; each has separate effects on assets, liabilities and status.
distress
A statutory or judicial process to seize property to satisfy an obligation, where national law permits it. Many traditional forms have been abolished or replaced. Limits or cautions: The old common-law remedy cannot be assumed to remain available. Check whether legislation has abolished or restricted it.
distribution
The allocation of estate assets to beneficiaries or insolvency assets to creditors according to statutory priorities and court orders. Limits or cautions: The rules differ between solvent estates, intestacy, wills and insolvency. Debts and protected claims may rank ahead of beneficiaries.
dividend
A distribution of company profits to members when declared in accordance with company law and the company’s constitution. Limits or cautions: A company may distribute only when statutory and solvency requirements are met; taxation is a separate question.
divorce
A court-ordered dissolution of a marriage under the grounds and procedure established by national marriage law. Limits or cautions: Grounds, court process, property consequences and recognition of customary or religious marriages vary considerably.
document
Information recorded on paper or electronically that can be used to record or prove a matter. Uganda’s Evidence Act expressly includes material recorded on a substance for evidential purposes. Limits or cautions: The document’s authenticity, integrity, relevance and mode of proof are separate questions.
documentary evidence
Documents produced for a court’s inspection to prove a fact. Uganda’s Evidence Act defines the term and regulates proof of contents and admissibility. Limits or cautions: Primary, secondary, electronic and public-document rules differ. A document may be relevant but still require proper authentication.
document of title to goods
A document that represents or evidences control of goods, such as a bill of lading or warehouse document, and may be transferred under commercial law. Limits or cautions: The rights carried by a document depend on its form, contract and applicable shipping or sale law.
domain name
A human-readable internet address registered under domain-name rules. Disputes may involve contractual registration terms, trade marks, passing off, privacy or cybercrime law. Limits or cautions: A domain name is not automatically a trade mark. Registration rights and dispute procedures are distinct.
domestic violence
Violence or abuse within a family or intimate relationship, addressed through criminal law and protection-order statutes. Limits or cautions: Definitions and available orders differ. Civil protection orders can coexist with criminal proceedings.
domicile
A legal connection between a person and a place used to determine matters such as personal status or succession. National conflict-of-laws rules distinguish domicile from residence or nationality. Limits or cautions: Domicile is a technical connecting factor; habitual residence, nationality and residence are not automatic equivalents.
double criminality
A requirement that the conduct underlying an extradition request is criminal under the law of both the requesting and requested states, where the governing treaty or statute requires it. Limits or cautions: The rule is treaty- and statute-specific. The offence labels need not be identical if the conduct is criminal in both states.
double jeopardy
Protection against being tried or punished again for the same offence after a final acquittal or conviction, subject to limited statutory exceptions. Limits or cautions: The identity of the offence, finality and exceptions are governed by constitutional text and national case law.
double taxation relief
Relief that prevents or reduces the same income or gains being taxed twice, through a tax treaty or domestic credit, exemption or deduction. Limits or cautions: Relief depends on treaty ratification and entry into force, residence, source rules and proof of tax paid.
draft
A proposed text that has not yet taken legal effect, or an incomplete instrument awaiting final agreement or signature. Limits or cautions: A bill, draft regulation or draft treaty does not bind merely because it has been prepared or published for consultation.
driver
A person who drives or is in charge of a motor vehicle as defined by national road-traffic legislation. Limits or cautions: Licensing, vehicle classes and liability standards vary by national statute.
driving licence
A statutory authorization to drive specified classes of motor vehicle, subject to age, competency, medical and administrative requirements. Limits or cautions: A foreign licence’s recognition and exchange are governed by local law and applicable international arrangements.
driving while disqualified
Driving a motor vehicle while a court or licensing authority has prohibited the person from driving, contrary to the applicable national offence. Limits or cautions: The prosecution must prove the subsisting disqualification and the accused’s driving. Penalties vary by state.
driving without a licence
Driving without the licence or authorization required for that vehicle class, contrary to national traffic law. Limits or cautions: A licence may be invalid, expired, suspended or for the wrong class; each situation may be treated differently.
driving without insurance
Using or permitting use of a motor vehicle without the compulsory third-party insurance required by national law. Limits or cautions: Coverage and exceptions are statute-specific; a policy document must be checked for validity and vehicle scope.
drunken driving
Driving or being in charge of a vehicle while over a statutory alcohol limit or otherwise impaired, as defined by the applicable road-traffic law. Limits or cautions: The limit, testing method, presumptions and penalties differ between states.
dumping
Exporting goods at less than their normal value in a way addressed by trade-remedy rules. Domestic legislation and WTO agreements govern investigation and duties. Limits or cautions: Anti-dumping duties require a lawful investigation and findings of dumping, injury and causation; low prices alone are insufficient.
duress
Illegitimate pressure that overcomes a person’s free choice. In contract law it may make an agreement voidable; criminal law may treat coercion under a separate statutory defence. Limits or cautions: The test is not simply pressure or unequal bargaining power; the claimant must establish the legal elements and remedy.
dying declaration
A statement by a deceased person about the cause or circumstances of death that may be admitted under a statutory hearsay exception if the required conditions are met. Limits or cautions: The speaker’s death, subject matter and circumstances of the statement must meet statutory conditions; weight remains for the court.
easement
A legally recognised right to use another person’s land for a defined purpose, or a burden recorded against land. The exact right and its creation or registration depend on the governing land statute. Limits or cautions: Kenya’s Land Registration Act refers to the Land Act for the meaning of easement. The right is distinct from ownership of the land and may be subject to registration requirements.
easement of necessity
A right of access over another parcel that a court may recognise where access is legally necessary to use land and the statutory conditions are met. Limits or cautions: Do not assume every inconvenient or longer route creates a necessity easement. The applicable Land Act test and court order or registration process govern.
effective remedy
A remedy that is legally available and capable in practice of addressing a proven violation. Kenya’s Constitution requires courts to grant appropriate relief for rights violations; treaty bodies and regional courts apply the remedy standards in their own instruments. Limits or cautions: The phrase does not identify one uniform remedy or forum. Which remedies are available depends on the right, jurisdiction, procedure, and whether the relevant treaty is binding on the state.
election
A constitutionally and statutorily regulated process through which voters choose representatives or office-holders. Kenya’s Constitution requires elections to meet principles including freedom, fairness, transparency and accountability. Limits or cautions: The responsible electoral body and detailed process vary among East African states.
elector
A citizen who is registered to vote and is entitled to exercise the vote under the Constitution and election laws. Limits or cautions: Voter registration, eligibility, residence, and voting rights are controlled by each state’s constitution and electoral legislation.
Electoral Commission
The independent constitutional commission responsible for conducting or supervising referenda and elections and performing other electoral functions assigned by the Constitution and legislation. Limits or cautions: The exact institutional name and powers differ by country. In Kenya the constitutional body is the IEBC; “Electoral Commission” alone is not its full legal title.
electronic signature
Data in electronic form attached to or logically associated with an electronic message or record and used to identify the signatory and indicate approval. Uganda’s Electronic Transactions Act recognises electronic signatures; Kenya law also provides for electronic signatures and their proof. Limits or cautions: Not every electronic signature receives the same evidential presumption. Security, authentication, and statutory exceptions matter; requirements differ between Uganda and Kenya.
emergency powers
Special powers available after a state of emergency is declared under the Constitution, subject to constitutional limits, legislative oversight, and protection of non-derogable rights. Limits or cautions: An emergency declaration does not suspend the Constitution or remove judicial review. The conditions, duration, extension and rights limits are set by the relevant national constitution.
employee
A person who works under a contract of service, whether written or oral, express or implied, subject to the statutory meaning and exclusions. Limits or cautions: Employment status depends on the real relationship and statutory tests; a label in a contract is not always decisive. Other East African states use their own employment statutes.
employer
A person or organisation that employs an employee under a contract of service. Kenya’s Employment Act also treats an employment agency as an employer for the purposes specified in section 5. Limits or cautions: The statutory definition is context-specific. Employer status and liability can differ under occupational safety, workers’ compensation, tax, and labour relations laws.
employer and employee
A legal relationship in which an employee performs work for an employer under a contract of service, carrying statutory rights and duties such as pay, leave, fair treatment and records. Limits or cautions: The exact rights depend on the employment statute and applicable collective agreement. Contractors and independent service providers are not automatically employees.
employment income
For income-tax purposes, employment income includes salary, wages, leave pay, fees, commission, bonus, gratuity and other employment-related benefits specified by the Income Tax Act. Limits or cautions: Tax treatment and exclusions are statute-specific and can change through Finance Acts. This definition is limited to Kenya tax law.
enactment
A law formally enacted by Parliament or another authority empowered by law to legislate. The Interpretation and General Provisions Act supplies statutory interpretation rules for enactments. Limits or cautions: A bill is not an enactment before it completes the constitutional law-making and assent process. Delegated legislation is governed by its enabling Act and publication requirements.
encumbrance (incumbrance)
A charge, lease or other interest recorded or required to be recorded in the encumbrance section of a land register. Limits or cautions: The statutory definition is a land-registration term and should not be treated as covering every personal debt or obligation. The legal effect depends on the type and priority of the registered interest.
equal pay
An employer must pay employees equal remuneration for work of equal value and must not discriminate in employment on prohibited grounds. Limits or cautions: The legal test is not necessarily identical pay for every employee doing broadly similar work; job value, permitted distinctions, discrimination grounds and proof requirements matter. Kenya’s rule is in section 5(4) of the Employment Act.
estate
For Kenya succession law, an estate is the deceased person’s free property: property the person could freely dispose of during life and whose interest was not terminated by death. Limits or cautions: “Estate” can also mean a property development, a form of landholding, or a deceased person’s entire affairs in ordinary speech. Here it has the Law of Succession Act meaning.
estate agent
A person who carries on the business of introducing or negotiating the sale, purchase, letting or management of land or buildings, within the Estate Agents Act definition. Limits or cautions: Registration and licensing requirements apply. This is a regulated professional label, and the statutory details differ across East African jurisdictions.
estoppel
A legal rule that may prevent a person from denying a representation, promise, or state of affairs where another relied on it and the law recognises the resulting bar. Limits or cautions: Estoppel is not a single uniform rule. Statutory evidence provisions, the kind of representation, reliance, fairness and any required formalities affect its use.
eviction
The Land Registration Act defines eviction as depriving or removing a person from possession of land or property they hold unlawfully, whether following a successful suit or otherwise. Limits or cautions: That definition does not make every removal lawful. Constitutional protections, court process, land statutes and safeguards against forced eviction may constrain the method used. Other states have different statutory definitions.
evidence obtained illegally
Evidence obtained in breach of a right or law. A Kenyan court must exclude evidence obtained in a manner that violates a right if admission would make the trial unfair or otherwise harm the administration of justice. Limits or cautions: Illegality does not produce an automatic exclusion in every case; Article 50(4) sets the constitutional test. Other East African constitutions and evidence laws may frame the test differently.
ex parte (ex p)
A procedural step taken at the request of one party without the other party participating at that stage, where a statute or court rule permits it. The court may later require service, hear the other side or set aside the order. Limits or cautions: An ex parte order is not automatically final or valid in every context. Notice, urgency, disclosure duties and the right to apply to set the order aside depend on the governing procedure.
ex post facto
A law or punishment applied retrospectively to make conduct criminal, or to impose a heavier penalty, after the conduct occurred. Kenya’s Constitution protects against conviction for an act that was not an offence when done and against a heavier retrospective penalty. Limits or cautions: Not every retrospective law is prohibited. The constitutional rule concerns criminal offences and penalties; civil and regulatory retroactivity requires separate analysis.
excise duty
A tax charged under the Excise Duty Act on specified goods manufactured or imported into Kenya and specified services, at statutory rates and subject to the Act’s rules. Limits or cautions: The scope, rate, exemptions and taxpayer vary by item and may be amended through Finance legislation. Do not use this as a general description of customs duty or VAT.
exclusive economic zone (EEZ)
A maritime area beyond and adjacent to a state’s territorial sea in which the coastal state has sovereign rights and specified jurisdiction under the United Nations Convention on the Law of the Sea. Limits or cautions: An EEZ is not territorial sea and does not give the coastal state full sovereignty over all activities. Kenya ratified UNCLOS on 2 March 1989; its declarations and maritime boundaries also matter.
execution
The process by which a court’s decree or order is enforced, using the methods authorised by the Civil Procedure Act and Rules. Limits or cautions: Execution is subject to notice, exemptions, proportionality and procedural safeguards. The term can also mean signing or completing a legal instrument, which is a separate sense.
executor
A person named by a deceased person’s valid will to carry out its directions and administer the estate after obtaining the required grant of representation. Limits or cautions: An executor’s authority and obligations arise under succession law and the grant. A person acting without lawful authority may incur personal liability. Other jurisdictions may use different terminology and processes.
exhaustion of local remedies
A requirement that a complainant first pursue domestic remedies that are available, effective and sufficient, before bringing certain claims before a regional human-rights body. African Charter procedures permit exceptions where the process is unduly prolonged. Limits or cautions: The requirement is treaty- and forum-specific. It does not demand use of remedies that are unavailable, ineffective or unreasonably prolonged. Kenya is party to the African Charter; individual access to the African Court depends on the separate Article 34(6) declaration.
expropriation
A state acquisition or taking of property for a public purpose, subject to the Constitution’s requirements for lawful process, public purpose, prompt just compensation and access to a court. Limits or cautions: The term is often distinguished from regulation that does not transfer or take property. Kenya’s Constitution uses “compulsory acquisition”;
fair trial
A person facing a criminal charge is entitled to a hearing before an independent court, with procedural protections such as notice of the charge, time to prepare, legal representation, the ability to challenge evidence and an appeal. Limits or cautions: Kenya Constitution Article 50 sets out an extensive catalogue of fair-trial guarantees. Uganda Constitution Article 28 protects a fair, speedy and public hearing, and Article 44 makes the right to a fair hearing non-derogable. The exact wording and the procedural detail are jurisdiction-specific.
false pretence
In Uganda, a false pretence is a representation by words, writing or conduct about a past or present fact that is false, made with intent to defraud. Limits or cautions: This is a Uganda Penal Code offence definition. The source describes a false representation of fact; it should not be generalized to every misleading statement or to the law of other states without checking their offence provisions.
female genital mutilation (FGM)
Procedures involving partial or total removal of the external female genitalia, or other injury to female genital organs, for non-medical reasons. Limits or cautions: Uganda’s 2010 Act and Kenya’s 2011 Act prohibit the practice and define it in statutory terms. The details of the definition and offences differ, including the procedures expressly listed and the territorial reach of offences. The glossary’s plain-language wording summarizes the shared core and does not replace either statute.
financial year
For Uganda constitutional purposes, a financial year is a twelve-month period ending on 30 June, unless Parliament prescribes another ending date by law. Limits or cautions: This is the Constitution’s general definition for Uganda. Particular statutes may set a different accounting year for a named authority or institution, so the applicable enactment must be checked.
firearm
Under Uganda’s Firearms Act, a firearm is a barrelled weapon capable of discharging a shot, bullet or other injurious missile, and includes certain weapons designed to discharge a dangerous substance, along with specified components and accessories. Limits or cautions: The statutory definition contains technical inclusions and exclusions, including an antique firearm rendered incapable of use. This definition is Uganda-specific; other national firearms laws may classify weapons differently.
foreign judgments
A judgment from a court outside the forum state. Its recognition or enforcement depends on the forum state’s statute, reciprocity rules, applicable treaty obligations and common law rules. Limits or cautions: Uganda and Kenya both have reciprocal-enforcement legislation, but the eligible originating countries, registration steps, defences and treatment of non-reciprocating states differ. A foreign judgment is not automatically enforceable merely because it is final abroad.
forgery
Making a false document, or altering a document, with the intention that it be accepted as genuine in circumstances covered by the applicable criminal statute. Limits or cautions: The Uganda Penal Code defines and criminalizes forgery in specified terms and distinguishes related conduct such as uttering a false document. The exact elements and document categories must be taken from the Code; this is not a general definition for every EAC state.
forum non conveniens
A court’s discretion to stay or decline proceedings where another available court is clearly the more appropriate forum for resolving the dispute. Limits or cautions: Ugandan courts have applied the doctrine through case law. It is not an automatic rule that a foreign forum clause defeats local jurisdiction. In Wissam v Bharti Airtel, the Commercial Court discussed the burden and factors relevant to a stay; outcomes depend on the facts and applicable procedural law.
foster parent
Under Uganda’s Children Act, a foster parent is a person who is not the child’s biological parent or relative and who assumes parental responsibility by way of a care order. Limits or cautions: This is an express Ugandan statutory definition. It is distinct from adoption, which creates a different legal relationship, and from temporary placement arrangements that do not meet the Act’s definition. Other jurisdictions use their own statutory terms and procedures.
fraudulent trading
A company’s business is carried on with intent to defraud creditors or for another fraudulent purpose, with specified persons knowingly participating. A court may order those persons to contribute to the company’s assets. Limits or cautions: Kenya’s Insolvency Act provides a civil contribution remedy during liquidation. Other statutes or jurisdictions may also create criminal liability, but the cited Kenya provision should not be read as a complete regional definition.
free elections
An election in which citizens can choose representatives through universal suffrage and express their will without unlawful interference. Kenya’s Constitution expressly guarantees citizens the right to free, fair and regular elections. Limits or cautions: The Constitution states the right and related election principles; detailed administration, offences and remedies are supplied by election legislation and decisions. The phrase does not itself establish that any particular election was free or fair.
free movement
Under the EAC Common Market framework, citizens of Partner States have rights relating to movement, entry, residence and work in other Partner States, subject to the Treaty, the Common Market Protocol and its annexes. Limits or cautions: EAC law establishes regional obligations, but the scope depends on the person’s citizenship, the category of movement, lawful conditions and applicable protocol rules. National administrative procedures remain relevant. The Common Market Protocol was concluded initially by the then five Partner States; later accessions and implementation should be checked for a particular state and date.
freedom of association
The right to form, join and participate in associations, including political, civic and labour organizations, subject to lawful and constitutionally permitted limits. Limits or cautions: Uganda Constitution Article 29(1)(e) protects the freedom to form and join associations; Kenya Constitution Article 36 protects freedom of association and sets related limits. Registration rules and restrictions differ by country and must comply with each Constitution.
freedom of expression
The right to hold opinions and communicate ideas and information, including through the press and other media, subject to constitutionally permitted restrictions. Limits or cautions: Uganda Constitution Article 29 includes freedom of speech and expression and press freedoms. Kenya Constitution Article 33 protects expression but excludes specified categories, including propaganda for war and incitement to violence. The permitted restrictions and tests differ by national text and case law.
freedom of thought, conscience, and religion
The freedom to hold beliefs and to practise, manifest, teach and observe religion, individually or with others, within the limits allowed by the Constitution. Limits or cautions: Uganda protects thought, conscience and belief, and the practice and manifestation of religion under Article 29. Kenya Article 32 protects freedom of conscience, religion, belief and opinion. The legal distinction between internal belief and outward manifestation, and permitted limits on conduct, follows each constitutional text and court decisions.
future goods
Goods that the seller will manufacture or acquire after the sale contract is made. Limits or cautions: Uganda’s Sale of Goods and Supply of Services Act, 2018 defines future goods in these terms. The Act also regulates when ownership in unascertained or future goods passes; the definition alone does not determine the transfer date.
gaming (gambling)
Under Uganda’s Lotteries and Gaming Act, gaming is playing a game of chance for money or money’s worth; the Act expressly includes gambling. Licensing and regulatory rules apply, so the word covers regulated activity rather than every casual game. Limits or cautions: The statutory definition is jurisdiction-specific. The Kenyan Betting, Lotteries and Gaming Act separately regulates gaming and defines related concepts; do not assume the Uganda licensing rules or age thresholds apply in another country.
General Agreement on Tariffs and Trade (GATT)
GATT is the multilateral treaty framework for trade in goods. The 1994 GATT is part of the WTO Agreement and governs WTO members alongside the other covered agreements. Limits or cautions: Burundi, Kenya, Rwanda, Tanzania and Uganda are listed as GATT contracting parties and WTO members. South Sudan is not a WTO member as of this review, so WTO membership obligations should not be attributed to it. Domestic application also depends on each state’s constitutional and legislative framework.
general and special damages
Courts use general damages for loss the law can infer from the wrong or that is not precisely calculable at the outset; special damages refer to particular, measurable losses that must be specifically pleaded and proved. The exact test depends on the cause of action and evidence. Limits or cautions: This is common-law terminology used across several jurisdictions, but the pleading and proof rules arise from each country’s procedural law and case law. Uganda’s Supreme Court has explained the compensatory purpose of damages; Kenyan courts apply their own precedent and procedure.
general meeting
A meeting of a company’s members convened under company law and the company’s constitution to consider and decide matters reserved to members. The Companies Act regulates notice, voting, quorum, resolutions and minutes. Limits or cautions: A meeting is not automatically binding merely because it is called “general”; notice, quorum, voting rights and statutory requirements matter. Kenya’s Companies Act and other national company statutes have their own meeting rules.
general principles of law
A category of sources the International Court of Justice may apply: principles recognized across legal systems, used alongside treaties and customary international law. The Court’s Statute lists this as a source for deciding disputes submitted to it. Limits or cautions: The ICJ Statute binds its parties, including UN members, but an ICJ judgment binds only the parties and only in that particular case. A principle’s relevance in domestic court depends on national constitutional rules and the particular legal issue.
Geneva Conventions
The four 1949 Geneva Conventions set minimum protections for wounded and sick armed forces, shipwrecked forces, prisoners of war and civilians during armed conflict. Additional Protocols add rules, including protections in international and non-international conflicts. Limits or cautions: The six jurisdictions listed in this glossary are parties to the four 1949 Conventions. Their status is not identical for every Additional Protocol. Treaty obligations bind states internationally; domestic implementation and individual criminal liability also depend on national legislation and applicable international criminal law.
genocide
Genocide means specified acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. The definition appears in the Genocide Convention and the Rome Statute; it requires the special intent, not merely mass killing or serious violence. Limits or cautions: The Genocide Convention requires prevention and punishment and has its own state-party status and dispute-jurisdiction rules. The Rome Statute creates ICC jurisdiction subject to its conditions; not every East African state is a Rome Statute party. Domestic offences and courts remain important.
good faith
In a transaction, good faith describes honest conduct in the particular legal relationship. Uganda’s Sale of Goods and Supply of Services Act uses the concept in rules protecting a good-faith recipient who lacks notice of an earlier transaction. In treaty law, states must perform treaties in good faith. Limits or cautions: The cited sale-of-goods rule is limited to its statutory context; it does not establish a single test for every dispute. International good faith is a treaty-performance principle and does not itself specify every domestic remedy.
goods
For a sale under Uganda’s Sale of Goods and Supply of Services Act, the term concerns property that can be the subject of a sale; the Act regulates the passing of ownership, delivery, acceptance and remedies. Kenyan tax legislation uses a different definition for VAT, including tangible movable and immovable property while excluding money. Limits or cautions: “Goods” is defined differently by statute and legal purpose. A tax definition should not be substituted for a sale-of-goods definition, and land is treated differently across statutes.
grievous bodily harm (GBH)
The closest statutory term in Uganda is “grievous harm.” The Penal Code defines it by reference to maiming, dangerous harm, serious or permanent injury to health, permanent disfigurement, or serious or permanent injury to an organ, membrane or sense. Limits or cautions: “Grievous bodily harm” is not the wording used in the cited Ugandan definition. Other jurisdictions may define serious injury differently, so that wording should not be treated as the local statutory label.
group accounts
Accounts prepared for a parent company and its subsidiaries as a single group where company law requires them. Uganda’s Companies Act expressly defines group accounts by reference to its consolidation requirements. Limits or cautions: The duty to prepare consolidated accounts depends on the statute, company structure, applicable accounting standards and any exemptions. Thresholds and filing rules differ by jurisdiction.
guarantee
A guarantee is a promise by one person to answer for another person’s debt or default if the principal debtor fails to perform. Kenyan courts describe it as an accessory obligation; the underlying statute requires a guarantee to be evidenced in writing and signed. Limits or cautions: The writing and signature requirement is jurisdiction-specific. The wording, scope, demand requirements and defences depend on the guarantee and governing law; a bank guarantee may operate differently from an ordinary suretyship.
guardian
A guardian is a person with legal authority or responsibility recognised by law to care for a child or make specified decisions for the child. The Children Act distinguishes guardianship from parental responsibility and provides for appointment and court oversight. Limits or cautions: A guardian is not necessarily appointed only after a parent has died. A child’s parents ordinarily have parental responsibility, and guardianship may arise through a will or court order under statutory conditions. Terminology and powers differ between states.
guilty
A person may plead guilty by admitting the charge in the manner required by criminal procedure; a court may also find guilt after trial only when the prosecution proves the offence to the required standard and fair-trial requirements are met. A plea must be clear, voluntary and properly recorded. Limits or cautions: A guilty plea and a verdict are different procedural events. The applicable plea-taking rules and safeguards differ by jurisdiction. The Constitution of Kenya guarantees a fair trial and the right to refuse to give self-incriminating evidence.
gaming (gambling)
Playing a game of chance for a chance to win money or something worth money. Uganda’s statute expressly treats “gaming” as including gambling. Limits or cautions: This is a statutory definition from Uganda, not a uniform EAC definition. Licensing, permitted games, age restrictions and taxation depend on each country’s current gaming law. The former Gaming and Pool Betting Act has been repealed; the current framework is the Lotteries and Gaming Act, 2016.
General Agreement on Tariffs and Trade (GATT)
A multilateral trade agreement that disciplines trade in goods, including rules aimed at reducing tariffs and limiting discriminatory trade measures. GATT 1994 is part of the WTO Agreement and is distinct from the original GATT 1947 treaty framework. Limits or cautions: The WTO reports Burundi, the DRC, Kenya, Rwanda, Tanzania and Uganda as members; South Sudan and Somalia are not on that membership list. WTO membership makes the WTO agreements, including GATT 1994, applicable to members.
general meeting
A meeting of a company’s members convened under company law and the company’s constitution to consider matters reserved for members, such as accounts or resolutions. Limits or cautions: The Companies Act regulates notice, quorum, voting and court-ordered meetings. A general meeting is not interchangeable with a board meeting. Kenya and other EAC states have their own companies statutes and procedural rules.
Geneva Conventions
Four 1949 treaties that protect people affected by armed conflict, including wounded and sick members of armed forces, shipwrecked persons, prisoners of war and civilians. Their Additional Protocols develop and supplement those protections. Limits or cautions: The conventions bind each state that is party to them. Protocol participation and reservations can differ. The ICRC treaty database records the treaty status of the EAC Partner States; domestic implementation and prosecution still depend on national law.
genocide
Certain acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group. The Convention lists killing, serious bodily or mental harm, destructive living conditions, preventing births and forcibly transferring children as covered acts. Limits or cautions: The special intent to destroy the protected group distinguishes genocide from other crimes. The Genocide Convention requires prevention and punishment, while domestic criminal codes and courts determine national offences and procedure. International criminal jurisdiction depends on the relevant court’s statute and state-party status or other jurisdictional basis.
goods
For Uganda’s Hire Purchase Act, goods include personal chattels other than money and choses in action, as well as specified crops and things attached to land that the parties agree will be severed before sale. Limits or cautions: The statutory definition is tied to the Hire Purchase Act. Other statutes can define goods differently, and the legal treatment of land, digital content and consumer services should be checked under the law governing the transaction.
grant of representation
A court authority appointing personal representatives to administer a deceased person’s estate. Depending on the circumstances, the grant may be probate or letters of administration, including a limited grant for a specific purpose. Limits or cautions: Kenya’s Law of Succession Act provides for several forms of grant and application procedures. A grant does not automatically permit distribution of capital assets before confirmation. Other EAC states use their own succession statutes, customary rules and court forms.
grievous bodily harm (GBH)
Ugandan criminal law uses the defined term “grievous harm”: harm amounting to maim or dangerous harm, seriously or permanently injuring health, likely to do so, causing permanent disfigurement, or causing permanent or serious injury to an organ, membrane or sense. Limits or cautions: “Grievous bodily harm” is not the statutory wording in the cited Ugandan provision. This entry is included because the source list’s label corresponds to the defined local concept; charges and proof must use the exact offence and wording in the applicable jurisdiction. Penalties vary by offence and amendments.
group accounts
Accounts or statements that present the financial position and results of a holding company together with its subsidiaries, as required by company law. Limits or cautions: The obligation and any exemption depend on the group structure and the Companies Act
guarantee
A written promise by a third person to answer for a hirer’s obligations if the hirer defaults under a hire-purchase agreement. Limits or cautions: This is the specific statutory meaning under the Hire Purchase Act, not a complete definition for every type of guarantee. The Act requires the guarantee and agreement to meet formal conditions before enforcement. General contract guarantees are governed by the relevant national contract law.
guardian
A person recognised by law as having parental responsibility for a child. Uganda’s Children Act permits a guardian to apply in specified family proceedings and assigns guardianship responsibilities under the Act. Limits or cautions: The meaning and appointment process are set by national law and may depend on whether the issue concerns a child, an adult lacking capacity, succession or property. A guardian is not automatically the same as a custodian, next friend or trustee.
habeas corpus
A court remedy requiring a detained person to be brought before the court so the legality of the detention can be examined. Uganda’s Judicature Act empowers the High Court to issue habeas corpus writs in specified circumstances. Limits or cautions: The remedy tests lawful custody; it does not itself decide guilt or replace appeal rights. Uganda’s constitutional protection against unlawful detention and Kenya’s constitutional safeguards operate through their own procedures. The precise applicant, court and filing process vary by jurisdiction.
handling stolen goods
Receiving, retaining, or otherwise dealing with property known or believed to have been stolen can constitute a property offence under Uganda’s Penal Code. The prosecution must prove the elements of the charged offence, including the required knowledge or belief. Limits or cautions: The Act’s offence is expressed as receiving stolen property and related conduct, rather than the English label “handling stolen goods.” The statutory elements, mental element and penalties must be taken from the current national provision; suspicion alone is not proof of guilt.
harmonization of laws
The process of aligning national laws or legal systems to support shared regional objectives. The EAC Treaty directs Partner States to take steps to harmonise legal training and certification and encourages standardisation of court judgments; other Treaty provisions and protocols provide for cooperation and alignment in specific sectors. Limits or cautions: The Treaty does not make every national law identical or automatically replace national legislation. Whether a regional rule has direct effect or needs domestic implementation depends on the instrument, the Treaty and the Partner State’s constitutional arrangements.
hazardous waste
Under the Basel Convention, wastes are hazardous if they fall within the Convention’s listed categories or are defined or considered hazardous under a Party’s national law, subject to the Convention’s scope and exclusions. Limits or cautions: The Convention regulates transboundary movements and environmentally sound management; it does not make every domestic waste movement an international shipment. National licensing, classification and enforcement rules implement the treaty and may be stricter. Check each state’s party status and domestic law before relying on a treaty rule.
hearing
A judicial process in which a party has a fair opportunity to know and answer the case, present evidence and make submissions before an impartial court or tribunal. Kenya’s Constitution guarantees a fair hearing in civil and criminal proceedings. Limits or cautions: A hearing can be oral or, where the law and fairness permit, determined through written procedure. The content of fairness depends on the proceeding and applicable statute. Uganda, Rwanda and other EAC states have their own constitutional guarantees and procedural rules.
hearsay evidence
A statement made outside the current court testimony that is offered to prove the truth of what it says. Kenyan evidence law generally requires direct evidence but recognises statutory exceptions, including specified statements by unavailable persons. Limits or cautions: Hearsay is not a single blanket exclusion: the purpose for which a statement is offered and statutory exceptions matter. Kenya Evidence Act section 33 lists exceptions. Each Partner State has its own evidence statute and admissibility rules, so one country’s exceptions should not be transferred to another.
high court judge
A judge appointed to serve in Uganda’s High Court, a superior court established by the Constitution. The office carries the jurisdiction and responsibilities assigned by the Constitution and legislation. Limits or cautions: The appointment process, qualifications, tenure and jurisdiction differ among EAC states. “High Court of Justice” is not a single regional court; the national court’s constitutional name and structure should be used.
high seas
Under the United Nations Convention on the Law of the Sea, the high seas comprise all parts of the sea not included in a state’s exclusive economic zone, territorial sea, internal waters or archipelagic waters. Limits or cautions: The label applies to maritime areas, not inland waters or a state’s territorial sea. The Convention preserves freedoms of navigation and other uses while imposing duties, including due regard and cooperation. A state’s treaty status and maritime geography affect the rules relevant to it.
highway
Uganda’s Penal Code definition of “public way” includes a highway, marketplace, square, street, bridge or another way lawfully used by the public. Limits or cautions: This is a Penal Code definition used for that Act, not a complete road classification for traffic, land acquisition or road-authority purposes. Road statutes and local government rules determine other rights and duties; the definition differs by enactment and jurisdiction.
hire purchase
An agreement under which a person takes goods on hire and may buy them, or ownership may pass to the hirer after the agreement’s conditions are met. Uganda’s Act treats it as a bailment arrangement with a possible or eventual transfer of ownership. Limits or cautions: The Act imposes written-agreement, disclosure, delivery and enforcement requirements and protects the hirer. In Uganda the Act applies within its statutory scope and contains its own thresholds and licensing rules; Kenya and other Partner States have distinct statutes and exceptions.
holder
For a bill of exchange, a holder is generally the payee or endorsee in possession of the bill, or the bearer. A holder in due course has additional statutory protections if the bill was taken for value, in good faith and without notice of defects. Limits or cautions: The precise definition and protections are instrument-specific. Uganda’s Bills of Exchange Act governs bills; do not apply it automatically to cheques, promissory notes, electronic payment instruments or securities governed by other laws.
holiday pay
Pay due for statutory leave or a public holiday. Uganda’s Employment Act provides paid annual leave and full-pay entitlements for public holidays, subject to its service and scheduling rules. Limits or cautions: Entitlement is calculated under the applicable national employment law, contract and any more favourable terms. Uganda’s Employment Act was amended in 2026; its current leave provisions and commencement status should be checked.
homicide
The criminal law category concerning the unlawful killing of another person. Uganda’s Penal Code distinguishes offences including murder and manslaughter and sets their elements and penalties separately. Limits or cautions: “Homicide” is a broad label, not a substitute for the offence charged. Whether a killing is murder, manslaughter, justifiable or otherwise lawful depends on the statutory elements, defences and facts. Classification and penalties differ across national codes.
hot pursuit, right of
Under the Law of the Sea Convention, a coastal state may pursue a foreign ship where it has good reason to believe the ship violated that state’s laws, if pursuit begins while the ship or one of its boats is within a relevant maritime zone and continues without interruption, subject to the Convention’s conditions. Limits or cautions: The right is conditional, not a general power to seize ships on the high seas. It must end when the pursued ship enters the territorial sea of its own state or a third state. Article 111 also specifies which authorities may order pursuit and what signals must be given.
human rights
Basic rights and freedoms protected by national constitutions and international or regional human-rights instruments. The African Charter sets out rights and duties and requires States Parties to recognise the Charter rights and adopt legislative or other measures to give them effect. Limits or cautions: The source and remedy matter: constitutional rights are enforced under national procedures, while treaty obligations operate through the relevant treaty and its supervisory system. Ratification, reservations, domestic incorporation and the justiciability of a treaty provision vary. The African Charter is regional and is not a substitute for each country’s bill of rights.
immovables
Land and specified things attached to the earth. Uganda’s Succession Act includes land, incorporeal tenements and things attached to or permanently fastened to things attached to the earth. Limits or cautions: This statutory definition is for succession law. Other statutes may define land or immovable property differently for their own purposes.
improvement notice
An environmental inspector may issue an environmental improvement notice where an activity causes or is likely to cause pollution contrary to the Act, or harms human health or the environment. Limits or cautions: A notice must be tied to the statutory trigger and compliance requirements; other sectors need their own statutory authority.
in camera [Latin: in the chamber]
A court may exclude the public from all or part of a hearing where the Constitution or procedural law permits it, while preserving the parties’ fair-trial rights. Limits or cautions: It describes how a hearing is conducted, not necessarily secrecy of the judgment or a right to suppress reporting. Kenya’s constitutional grounds and Uganda’s are not identical.
incest
Sexual conduct between persons within relationships specified by the Penal Code is an offence. The statutory relationship categories and elements control the offence. Limits or cautions: Definitions and prohibited relationships differ by country and may distinguish penetration, sexual acts, age and consent. This entry is not a region-wide definition.
incitement
A person may commit an offence by intentionally urging another to commit an offence or by inciting violence or disobedience in circumstances prohibited by the Penal Code. Limits or cautions: Speech is protected by constitutional guarantees. Liability requires the statutory elements and must be assessed alongside freedom of expression and the specific offence charged.
income tax
A tax imposed on income within the scope of Uganda’s Income Tax Act, subject to the Act’s rules on residence, source, chargeable income, exemptions and deductions. Limits or cautions: The Act, not the ordinary meaning of “income”, determines taxability. Rates, thresholds and exemptions can change and should be checked for the relevant tax year.
incorporation
The statutory registration process by which a company is formed and obtains separate legal personality under the Companies Act. Limits or cautions: Company, association and NGO registration use different statutes and registrars. Incorporation does not itself authorise a regulated business activity.
indictment
A formal document setting out an accused person’s charge or charges for trial under Uganda’s indictment procedure. The Trial on Indictments Act requires counts and particulars to be framed in the manner it prescribes. Limits or cautions: Form, amendment, service, plea and trial procedure are governed by national criminal procedure law, not by a generic common-law description.
infant (minor)
A person below eighteen years. Uganda’s Succession Act expressly defines “minor” by that age. Limits or cautions: Other statutes may set different ages for specific purposes. “Infant” is not the preferred statutory label in every East African system.
injunction
A court order that may restrain a party from doing an act or, where the law permits, require a specified act. Kenya’s Civil Procedure Act and Rules provide the procedural framework for temporary injunctions. Limits or cautions: Interlocutory injunctions are discretionary and require the applicable legal test. The precise test and order depend on jurisdiction and case law.
inquest
A statutory inquiry into a death to establish matters such as the identity of the deceased and how the death occurred, under the Inquests Act. Limits or cautions: An inquest is not a criminal trial and does not itself determine criminal guilt. A prosecution may follow if the evidence supports one.
insanity
A criminal responsibility issue governed by the Penal Code and criminal procedure law. The court applies the legal test in the statute to evidence about the accused’s mental state at the relevant time. Limits or cautions: Mental illness alone does not establish the defence; procedure and evidential burden matter.
internal waters
Under the Law of the Sea Convention, internal waters lie on the landward side of the territorial-sea baseline, subject to the Convention’s rules. Limits or cautions: The definition is treaty-based. It binds only states parties in treaty relations; maritime geography is not directly applicable to landlocked states such as Uganda, Rwanda and Burundi.
International Court of Justice
The ICJ decides legal disputes between states that have accepted its jurisdiction and gives advisory opinions when authorised UN organs and agencies request them. Limits or cautions: Only states may be parties to contentious cases. A judgment binds the parties in that case; it is not automatically a binding precedent for every state.
International Criminal Court (ICC)
The ICC prosecutes individuals for genocide, crimes against humanity, war crimes and aggression under the Rome Statute, subject to its jurisdictional and admissibility rules. Limits or cautions: The Court is not a general human-rights court and does not replace national courts. Treaty obligations and cooperation duties depend on Rome Statute status and the situation’s jurisdictional basis.
International Criminal Tribunal for Rwanda (ICTR)
The ICTR was established by the UN Security Council to prosecute genocide and other serious violations committed in Rwanda in 1994; it completed its mandate, with residual functions transferred to the UN Mechanism. Limits or cautions: The ICTR is a historical tribunal, not a currently operating regional court. Its judgments bind in their case and have authoritative relevance for its mandate.
intestacy
A person dies intestate when the estate, or part of it, is not disposed of by a valid will; the Succession Act sets the applicable rules for distribution and administration. Limits or cautions: Partial intestacy may arise even where a will exists. Distribution depends on the current statute, surviving relatives, property type and any valid will.
intoxication
Intoxication may be relevant to criminal responsibility only in the circumstances set by the Penal Code. It does not automatically excuse an offence. Limits or cautions: The legal effect depends on whether intoxication was voluntary, the offence charged and any required intent. Medical incapacity and involuntary intoxication raise distinct questions.
inventory
A personal representative must account for estate property and comply with inventory and administration requirements under the Succession Act. Limits or cautions: A court may require a prescribed form and filing time. The duties and consequences are statutory; an informal list may not meet them.
investment company
A regulated collective investment vehicle that holds or manages pooled investor funds under Uganda’s Collective Investment Schemes Act. The Act gives a specific meaning to investment companies with variable capital. Limits or cautions: The statutory category is narrower than any company that happens to own investments. Licensing, custody and disclosure rules apply.
issue
In succession usage, “issue” means a person’s descendants in the line recognised by the governing statute. Uganda’s Succession Act includes adopted children in the statutory treatment of “child”, “children”, “issue” and “lineal descendant”. Limits or cautions: The word also means a disputed question, the act of issuing something, or a legal problem. This entry covers succession only.
itemized pay statement
An employer must give an employee a written statement at or before wage payment, showing the particulars required by section 20 of the Employment Act. Limits or cautions: This is a Kenyan statutory duty. The required particulars and exceptions are set by the Act; do not assume identical rules across the region.
joinder of causes of action
A claimant may bring more than one legal claim in the same civil suit when the applicable procedure permits them to be heard together. This helps the court resolve connected disputes in one proceeding. Limits or cautions: Uganda’s Civil Procedure Rules regulate joinder and the combination of causes of action. Whether claims may be joined depends on the local rule, court competence and case management.
joinder of charges
A prosecutor may place multiple charges or counts in one charge sheet or indictment when the criminal procedure rules allow it, commonly because the offences arise from the same facts, transaction or legally recognized series. Limits or cautions: Kenya’s Criminal Procedure Code sections 135–136 regulate joinder and joinder of accused persons. Uganda uses its own Criminal Procedure Code and Trial on Indictments Act. Joinder is procedural; it does not change the court’s subject-matter jurisdiction or the prosecution’s burden on each count.
joinder of defendants
A claimant may name multiple defendants in one suit where the claims arise from the same act, transaction or connected series and a common question of law or fact is likely to arise. The court may also add a necessary party so it can resolve the dispute effectively and completely. Limits or cautions: This entry concerns civil proceedings. Criminal joinder of accused persons is governed by separate rules. Uganda Civil Procedure Rules, Order 1 rule 3, and Kenya’s Order 1 use related but not identical wording and procedural tests.
joinder of parties
Joinder allows two or more people or entities to participate as claimants or defendants in one case when the procedural rules permit it. A court may add a person whose presence is needed to resolve the questions in dispute fully. Limits or cautions: The tests are procedural and jurisdiction-specific. Kenya’s Civil Procedure Rules, Order 1, and Uganda’s equivalent rules address common questions, connected claims and necessary parties; joinder does not automatically create a cause of action against a newly added person.
joint and several
Where the law or judgment makes liability joint and several, a claimant may generally enforce the recoverable amount against all liable parties together or against one or more of them, subject to the governing statute and the terms of the decree. Limits or cautions: This is not a rule that every co-defendant is automatically liable for the whole loss. Uganda’s Law Reform (Miscellaneous Provisions) Act addresses multiple tortfeasors and contribution; Kenyan procedural rules also use the phrase for joint decrees. Contribution between defendants is a separate question.
joint liability
Joint liability arises when the applicable law treats two or more parties as responsible for the same damage or obligation. A claimant’s recovery and any later contribution between responsible parties depend on the statute and the court’s findings. Limits or cautions: The phrase can describe more than one legal arrangement. It should not be treated as identical to several liability in every case. Uganda’s statute permits contribution among tortfeasors liable for the same damage, whether jointly or otherwise; the court must identify the actual basis of each party’s responsibility.
joint tenancy
Kenyan land law recognizes joint tenancy as one form of co-tenancy. Joint tenants hold the land jointly rather than as separately specified fractional shares, and the Land Registration Act sets rules for disposition and the effect of a joint tenant’s death. Limits or cautions: Do not assume that every co-owned parcel is held as a joint tenancy. Kenya’s Land Registration Act distinguishes joint tenancy from tenancy in common and sets statutory rules, including survivorship. Other East African states use their own land-registration and succession regimes.
joint tortfeasors
Ugandan law treats people liable for the same tort damage as potentially liable together or otherwise, and allows a tortfeasor who pays more than a fair share to seek contribution from another responsible tortfeasor in the circumstances set by statute. Limits or cautions: The statutory rule does not make every person involved in an event a joint tortfeasor. The court must establish liability and the connection to the same damage.
joint venture
Under Uganda’s Competition Act 2024, a joint venture is a person subject to joint control by two or more economically independent undertakings. The Act places joint ventures within the country’s competition and merger-control framework. Limits or cautions: The statutory definition is specific to Uganda’s competition law. A commercial collaboration called a joint venture in a contract may have a different legal structure for company, tax, procurement or liability purposes. Kenya’s competition rules use a distinct “full-function joint venture” formulation.
judge
Uganda’s Civil Procedure Act defines “judge” to include a magistrate exercising civil jurisdiction in a magistrate’s court. In ordinary constitutional usage, judges exercise judicial power within the court and jurisdiction assigned by law. Limits or cautions: The statutory definition is context-specific: it applies for the Civil Procedure Act and does not make every judicial officer a judge for every statute. Appointment, powers, jurisdiction and immunity are governed by the Constitution and legislation.
judge advocate
Kenya’s Defence Forces legislation provides for a Judge Advocate in a court-martial. The statute and related rules assign the role legal functions in the military trial, including advising the court on questions of law and, in the specified structure, presiding. Limits or cautions: The role and qualifications are set by Kenya’s Defence Forces Act and rules. This is not a general title for a lawyer who advises any East African military court.
judgment
Uganda’s Civil Procedure Act defines a judgment as the statement given by a judge setting out the grounds of a decree or order. It is the court’s reasoning; the decree or order is the formal operative expression of the decision. Limits or cautions: The term’s statutory meaning here is in civil procedure. Criminal judgments and the use of “judgment” in other statutes may be governed by different provisions. Kenyan courts use their own Civil Procedure Act and Rules, and their Act does not define the term in the same way.
judgment creditor
Uganda’s Reciprocal Enforcement of Judgments Act uses “judgment creditor” for the person by whom a judgment was obtained, including that person’s successors and assigns. The label identifies the party seeking enforcement of the qualifying judgment. Limits or cautions: The Act’s definition operates in the reciprocal-enforcement context covered by that statute. In ordinary domestic civil execution, Uganda’s Civil Procedure Act commonly uses “decree-holder”; Kenya has its own execution rules and terminology. Enforceability depends on the judgment and applicable procedure.
judgment debtor
Uganda’s Civil Procedure Act defines a judgment debtor as a person against whom a decree has been passed or an order capable of execution has been made. The person may be subject to enforcement measures authorized by the Act and procedural rules. Limits or cautions: A judgment alone is not always enough to begin execution: the enforceable decree or order and statutory safeguards matter. Domestic execution commonly uses “decree-holder” for the creditor; arrest or civil imprisonment is subject to constitutional protections and procedural conditions.
judicial comity
Kenyan courts use judicial comity to describe the respect one court gives to a decision of another court of equal rank, especially where reconsidering the same issue would undermine consistency or certainty. Limits or cautions: Comity does not make a decision of one High Court judge a binding precedent for every other judge. It operates within the court hierarchy and does not displace binding superior-court authority, appeal rights or a court’s jurisdiction to address a distinct issue.
judicial deference
In Ugandan appellate decisions, deference describes the restraint an appellate court may show to a judge’s or specialist tribunal’s decision within its lawful role. Kenyan courts have also discussed deference as one aspect of judicial restraint in constitutional adjudication. Limits or cautions: Deference is not immunity from review and does not require a court to uphold illegality, jurisdictional error or a decision that meets the legal threshold for intervention. The standard varies with the decision-maker, statute, constitutional issue and appellate posture.
judicial discretion
The Uganda Supreme Court explains that judicial discretion is bounded by legal rules and principles. It gives a judge room to choose an appropriate course where the law permits choice, but it does not authorize arbitrary action. Limits or cautions: The applicable statute may define the available choices and appellate review standard. A court’s exercise of discretion may be challenged where the law permits and the relevant error threshold is met.
judicial immunity
Uganda’s Constitution provides that a person exercising judicial power is not liable to an action or suit for an act or omission in exercising that power. The Judicature Act also protects judicial acts within its statutory terms. Limits or cautions: The constitutional protection is tied to exercising judicial power; it is not a general exemption from discipline, removal processes or accountability for conduct outside judicial functions. The wording and scope differ among East African constitutions and statutes.
judicial notice
Uganda’s Evidence Act includes judicial notice among the matters that form part of evidence and specifies categories of facts courts may notice. For qualifying facts, the court may proceed without requiring a party to prove them through ordinary evidence. Limits or cautions: A court cannot take notice of any asserted fact simply because it seems familiar. The Evidence Act sets the scope and conditions; Ugandan courts have cautioned that a practice or fact must meet the statutory test. Other states’ lists and procedures differ.
judicial review
Uganda’s Judicial Review Rules define judicial review as the High Court’s supervisory process over decisions and proceedings of subordinate courts, tribunals, public bodies and persons performing public functions. It examines legality and fair process and may lead to specified public-law remedies. Limits or cautions: Judicial review is not a general appeal on the merits. Uganda’s Judicature Act and 2009 Rules, as amended, govern its procedure and remedies; Kenya uses a constitutional and statutory framework including Article 165 and the Fair Administrative Action Act. Exhaustion and limitation rules differ.
judicial separation order
Uganda’s Divorce Act allows either spouse to petition for judicial separation on statutory grounds. If the legal requirements are met, the court may decree separation without dissolving the marriage. Limits or cautions: A separation decree does not itself end the marriage. In 2025, Uganda’s Constitutional Court held that certain Divorce Act protections during judicial separation were discriminatory and adapted them to apply equally to spouses. The Act’s terms should be read with that binding constitutional ruling.
juridical
Uganda’s Competition Act uses “juridical person” in its definition of a commercial “person,” alongside individuals, firms, partnerships, companies and associations. In that setting, it refers to an entity recognized by law as capable of holding rights and obligations. Limits or cautions: The word’s precise reach comes from the particular statute. “Juridical person” is the Act’s wording and should not be treated as a single universal definition across all East African laws.
jurisdiction
Jurisdiction is the authority the Constitution, legislation or a treaty gives a court over a subject, territory, person or type of proceeding. Uganda’s Constitution gives the High Court broad original jurisdiction subject to constitutional and statutory limits; Kenya’s Constitution sets distinct jurisdiction for each superior court. Limits or cautions: Jurisdiction must be established from the law applicable to the particular court and claim. “Unlimited original jurisdiction” does not override constitutional exclusions, specialized court assignments, statutory limits or appellate rules. The EACJ’s authority is separately set by the EAC Treaty.
juristic person
Uganda’s Competition Act uses the related statutory term “juridical person” for an entity included within the Act’s definition of a commercial person. The practical point is that a qualifying organization may hold legal rights and obligations separately from the natural people involved in it. Limits or cautions: The Act does not define every entity as a juristic person for every legal purpose. The statute uses “juridical”; company, partnership, association and public-law status must be determined under the law governing that entity.
jus cogens
A jus cogens rule is a peremptory norm of general international law accepted and recognized by the international community of states as a whole, from which no derogation is permitted. The Vienna Convention states that a treaty conflicting with such a rule is void and that a new peremptory norm may terminate a conflicting earlier treaty. Limits or cautions: The rule is not created merely by a country ratifying the Vienna Convention. UN Treaty Collection status as at 18 October 2026 lists Kenya as a signatory without ratification and lists the DRC, Rwanda and Tanzania as parties; Uganda, Burundi, Somalia and South Sudan do not appear as participants in that status table. The customary status and exact content of any claimed peremptory norm must be established separately. The International Law Commission’s 2022 conclusions are not themselves a treaty.
jus sanguinis
Jus sanguinis is a shorthand for nationality transmitted through a parent or ancestry. Kenya recognizes citizenship by birth through either a Kenyan mother or father, whether the child is born inside or outside Kenya. Uganda’s Constitution uses a distinct parent/grandparent and indigenous-community framework for citizenship by birth; Rwanda separately legislates nationality by origin and acquisition. Limits or cautions: The Latin label is a comparative description, not a uniform East African citizenship rule. Kenyan, Ugandan and Rwandan constitutional and nationality-law tests differ; apply the exact national provisions, including transitional rules and registration requirements.
jus soli
Jus soli is shorthand for nationality linked to birth on a state’s territory. It is not a general rule that anyone born in an East African state automatically becomes its citizen. Kenya’s Constitution, for example, presumes citizenship by birth for a child found in Kenya who appears under eight and whose nationality and parents are unknown. Limits or cautions: National approaches differ sharply. Kenya’s foundling presumption is not unrestricted territorial birthright citizenship. Uganda’s Constitution provides a narrowly framed registration route for certain people born in Uganda and continuously resident since 9 October 1962; Rwanda’s law separately addresses nationality by birth on the territory and nationality by origin.
just and equitable winding-up
Kenya’s Insolvency Act allows a court to liquidate a company where it is of the opinion that liquidation is just and equitable. This is a statutory ground for court-supervised winding-up, not a free-standing power to close a company whenever a result seems fair. Limits or cautions: The court must apply the statutory grounds and relevant principles, including whether another remedy is available and whether the petitioner is acting reasonably. Kenya’s current framework uses “liquidation”; older cases may use “winding-up.” Other Partner States have different insolvency legislation.
justice
In legal procedure, justice includes the fair and timely determination of disputes and access to courts. Uganda’s Constitution requires courts to administer substantive justice without undue regard to technicalities; Kenya’s Constitution requires the state to ensure access to justice. Limits or cautions: The word also has broad moral and political meanings that no single statute exhausts. This brief records the procedural and constitutional usage supported by the cited texts; legal remedies remain subject to jurisdiction, procedure and substantive law.
justification
In defamation proceedings, justification is the defence that the material complained of was true in substance. Kenyan law and Ugandan court decisions recognize truth or substantial truth as a defence, with the defendant required to establish the relevant facts. Limits or cautions: This meaning is specific to defamation. It is not a general defence to every civil or criminal claim, and the precise statutory requirements and burden of proof depend on the jurisdiction and the pleaded cause of action.
juvenile offender
Ugandan child-justice law treats a person below eighteen as a child and requires special procedures and dispositions when a child is accused of an offence. Recent appellate decisions use “juvenile offender” while applying the Children Act’s safeguards. Limits or cautions: “Child in conflict with the law” is the preferable contemporary description. Age, criminal responsibility, remand, trial, available orders and detention rules are statutory and may be amended;
keeping the peace
A preventive court order requiring a person to enter a bond, with or without sureties, to keep the peace for a stated period. In both Kenya and Uganda, a magistrate may use this procedure where the statutory conditions indicate that a breach of the peace or disturbance of public tranquillity is likely. Limits or cautions: The order is procedural and preventive; it is not itself a conviction for a new offence. Kenya’s Criminal Procedure Code section 43 and Uganda’s Magistrates Courts Act section 12 both provide for a period of up to one year, subject to local jurisdiction and the procedure in each Act. Kenya Penal Code section 33 separately permits a court, after conviction for an offence not punishable with death, to require a recognizance to keep the peace, so the post-conviction power should not be confused with the preventive process.
kidnapping
Uganda’s Penal Code treats kidnapping as a set of offences with specific elements. Section 226 covers taking or detaining a person against their will by force or fraud with intent that the person be murdered or put in danger of murder, knowledge that the person will probably be murdered, or intent to obtain a ransom or benefit for the person’s release from that danger. Section 227 separately covers kidnapping or abduction with intent to cause secret and wrongful confinement. A court must apply the elements of the charged provision, rather than ordinary-language meaning alone. Limits or cautions: The label and elements are jurisdiction-specific. Kenya’s Penal Code separately provides for kidnapping and abduction; a Kenyan ruling applied sections 255 and 257 to a kidnapping charge, while the Uganda provisions cited here distinguish the aggravated purposes in sections 226 and 227. The cited provisions do not establish one uniform EAC-wide definition.
knowing receipt
A civil equitable claim against a person who receives trust or estate property for their own benefit when it was transferred in breach of trust or fiduciary duty, and whose knowledge makes it unconscionable to keep the benefit. In Erina Lam Oto Omgom v Opoka, the Uganda High Court described a beneficiary’s personal action against such a recipient and treated the knowledge question as fact-sensitive. Limits or cautions: This is not a criminal offence or a general claim against everyone who handles misapplied property. The claimant must connect the property received to the breach and prove the legally required knowledge. The cited High Court decision concerns Ugandan law; it does not establish that the test is identical in every EAC Partner State.
land
In Kenya’s Constitution, land includes the earth’s surface and subsurface, water bodies, marine waters, natural resources, and buildings or structures attached to land. The constitutional definition also classifies land as public, community or private. Limits or cautions: This is a constitutional definition, not a universal East African definition. Uganda’s Limitation Act uses a narrower, statute-specific definition focused on corporeal hereditaments and legal or equitable estates or interests. Tanzania’s Land Act governs land other than village land; village land has a separate statutory framework.
land registration
The process of bringing an interest in land or a lease under the Land Registration Act and recording it in the land register. Registration records the legal interest and can affect the rights and priorities of the registered holder. Limits or cautions: Kenya’s Land Registration Act supplies this statutory formulation. Uganda registers specified tenure interests under its land and titles legislation. Tanzania administers separate statutory systems for general land and village land; registration steps and legal effects therefore differ.
landlord
For a lease of land, the landlord is the person who grants, or is treated as having granted, the tenant exclusive possession under the lease arrangement. Limits or cautions: Uganda’s Land Act describes a lease by reference to a landlord or lessor and a tenant or lessee. “Landlord” should not be treated as a uniform statutory status across East Africa: housing, commercial tenancy and land-tenure rules differ by country and by type of property.
leading question
A question that suggests the answer the questioner wants or expects, or suggests a disputed fact about which the witness is testifying. Limits or cautions: Under Kenya’s Evidence Act, leading questions are generally restricted in examination-in-chief and re-examination when objected to, subject to court permission and stated exceptions; they may be asked in cross-examination. Other East African evidence statutes and courtroom rules should be checked separately.
lease
In Uganda, a lease is a form of land tenure created by contract in which a landlord or lessor gives a tenant or lessee exclusive possession, usually for a defined period. Kenya’s land-registration statute also treats a registered or unregistered lease, sublease, short-term lease or agreement to lease as a lease for that Act. Limits or cautions: The rules on registration, duration, rent, formalities and tenant protections vary by jurisdiction and by residential, commercial or other use.
leasehold
In Uganda, leasehold tenure means holding land for an agreed period from a specified start date, on terms agreed by the lessor and lessee; it includes a sublease. Limits or cautions: Uganda recognises leasehold alongside freehold, mailo and customary tenure. Kenya’s Constitution classifies private land to include registered freehold, leasehold and any other tenure declared by law. Tanzania’s land system is distinct and should not be equated with these tenure categories.
legal aid scheme
A public system under which eligible people can receive legal aid services, including legal advice, assistance, representation and related support, subject to the statutory eligibility and administration rules. Limits or cautions: The Kenya Legal Aid Act establishes a national legal aid framework. Eligibility is not automatic and may depend on the Act’s criteria and assessment. The existence, scope and funding of schemes differ among East African states.
legal person
A non-natural entity that the law recognises as capable of holding rights or duties and acting in law. Kenya’s Constitution uses “person” broadly to include a company, association or other body of persons, incorporated or not, unless context requires otherwise. Limits or cautions: A constitution’s definition of “person” is context-specific and does not make every unincorporated group a corporation for every legal purpose. Separate statutes determine a body’s capacity, registration and liability.
legislation
Written law made through constitutional law-making powers, including Acts passed by the national legislature and legal rules made under authority delegated by the Constitution or legislation. Limits or cautions: Kenya’s Constitution vests national legislative authority in Parliament and allows other bodies to make law only under constitutional or statutory authority. Uganda’s Constitution separately defines an Act of Parliament and recognises legislative instruments. The exact scope of “legislation” depends on the instrument using the word.
legislature
The constitutionally authorised body that exercises primary legislative power at national level. In Kenya, this is Parliament; in Uganda, the Constitution identifies Parliament as the national legislature. Limits or cautions: The structure and scope of legislative authority differ between states. Kenya’s Parliament includes the National Assembly and Senate, while Uganda has a unicameral Parliament. County assemblies and local councils also exercise constitutionally or statutorily assigned law-making powers.
legitimate expectation
A public-law protection that may arise when a public decision-maker makes a clear and lawful representation or follows a settled practice that reasonably leads a person to expect a benefit or a particular process. Limits or cautions: Kenyan courts require a clear, reasonable representation made by a competent decision-maker with legal authority. An expectation cannot require an unlawful act or override legislation. The remedy and threshold depend on the facts and the jurisdiction.
lessee
A person to whom a lease is granted, including a person who has accepted a transfer or assignment of the lease. Limits or cautions: That is the definition in Kenya’s Land Registration Act. Uganda’s Land Act uses “tenant or lessee” for the person receiving exclusive possession under a lease. Rights depend on the lease and governing land and tenancy legislation.
lessor
The person who grants a lease, including a person who accepts the transfer or assignment of the landlord’s remaining interest in the lease. Limits or cautions: Kenya’s Land Registration Act supplies the definition for that Act. Uganda’s Land Act also uses lessor for the person granting or deemed to grant a lease. The expression does not by itself establish ownership or the full rights and duties of a party.
letters of administration
A court grant authorising the named administrator or administrators to collect, manage and distribute the estate of a person who died without a will, or in another case where administration is required by law. Limits or cautions: The type and scope of grant depend on the circumstances and the grant’s terms. A person generally cannot deal with estate property as personal representative without the necessary grant. Kenya’s procedure should not be assumed to match other states’ probate systems.
liberty and freedom from arbitrary detention
The right to remain free from arrest or detention except on grounds and through procedures authorised by law. Uganda’s Constitution lists the circumstances in which a person may be deprived of personal liberty and provides safeguards for detention. Limits or cautions: Constitutional wording and safeguards differ. Uganda Constitution Article 23, Kenya Constitution Article 29 and Article 6 of the African Charter on Human and Peoples’ Rights each provide relevant protections. Treaty obligations bind states that have ratified the relevant instrument, subject to its terms.
licence
A permission to use or occupy land that does not, by itself, grant the holder a leasehold estate. Kenya’s land statutes recognise licences as a distinct kind of permission and prescribe their legal treatment. Limits or cautions: A licence is not automatically a tenancy or a registered interest. Its effect depends on the governing statute, the agreement and the facts. Do not infer that every legal licence—such as a professional or business licence—has the same meaning.
licensee
A person who has permission under a licence to use or occupy land, without necessarily receiving a leasehold interest. Kenya’s Land Registration Act adopts the meaning assigned to the term in the Land Act. Limits or cautions: The statutory cross-reference is land-specific. A licensee’s rights and remedies depend on the kind of licence, its terms and applicable legislation; the word should not be used to imply a general licence to practise a profession or conduct business.
lien
Under Kenya’s Land Registration Act, a lien is a lender’s holding of a document of title relating to land or a lease as security for an advance or for fulfilment of a condition. Limits or cautions: This is the statute-specific land-registration meaning. Other liens may arise under different statutes or legal doctrines and may have different requirements and priorities. Do not assume this definition governs every commercial or possessory lien in East Africa.
life interest (life estate)
An interest that entitles its holder to benefit from property during the holder’s lifetime, with the property ultimately passing under the will or succession law when the interest ends. In Kenyan intestate succession, a surviving spouse may receive a life interest in the residue of the estate in specified circumstances. Limits or cautions: The statutory life interest is subject to the Law of Succession Act, including provisions on termination, children’s interests and administration. It is not necessarily identical to a registered life estate in land under another country’s property system.
limitation
A law-set time limit for bringing a claim or other court proceeding. Once the applicable period expires, the claim may be barred, subject to statutory exceptions and rules about when time starts or pauses. Limits or cautions: Time limits are claim-specific and differ among states. Uganda’s Limitation Act, Kenya’s Limitation of Actions Act and Tanzania’s Law of Limitation Act prescribe different periods and exceptions. Land-recovery periods and personal-injury periods should not be conflated.
limited liability partnership
A partnership registered under Kenya’s Limited Liability Partnership Act. On registration it becomes a body corporate with perpetual succession and a legal personality separate from its partners. Limits or cautions: The label and legal effects are jurisdiction-specific. Separate personality does not mean partners are free of all liability; statutory duties, personal wrongdoing, guarantees and other exceptions may apply. Confirm registration under the relevant country’s law.
liquidator
A person appointed or authorised under insolvency law to take control of a company in liquidation, realise or manage its assets and carry out the statutory process for dealing with creditors and winding up. Kenya’s LLP Act expressly includes the Official Receiver when acting as liquidator of a corporation. Limits or cautions: Appointment, powers and duties depend on whether liquidation is by court or creditors and on the entity involved. Kenya’s LLP Act cross-defines the term; the Insolvency Act contains broader liquidation procedure. Other countries use their own insolvency regimes.
local government
In Uganda’s Local Governments Act, a local government is a local council established under the Act. The council is the highest political authority in its area and exercises assigned legislative and executive powers under the Constitution and statute. Limits or cautions: Kenya’s Constitution uses a county-government structure; Uganda’s local council hierarchy and terminology are different. This definition should not be used as a regional label for municipal, county, district or provincial bodies without checking each country’s law.
locus standi
A person’s legal standing to bring a claim or participate in proceedings. Kenyan constitutional law permits a person to sue for their own rights, for another person in specified circumstances, as a member of a group, or in the public interest, subject to the Constitution and procedural rules. Limits or cautions: Standing is not a single unrestricted right in every kind of case. The applicable statute, constitutional provision, injury or interest, and procedural posture determine who may sue. Uganda’s constitutional and public-interest litigation framework must be assessed separately.
magistrate
A judicial officer appointed or treated as a magistrate under the Magistrates Courts Act. The office carries only the criminal and civil powers that the Constitution and written law give to the relevant grade. Limits or cautions: The grade and jurisdiction matter. Uganda’s Magistrates Courts Act was amended in 2026, including changes to civil monetary jurisdiction; older summaries may give outdated limits. Kenya and other EAC states use their own appointment structures and jurisdictional limits.
magistrates’ court
A court established under the Magistrates Courts Act. It is part of Uganda’s subordinate court structure and can hear only the matters and claim values assigned to it by law. Limits or cautions: The name does not describe one uniform level of jurisdiction. The 2026 amendment changed Uganda’s civil jurisdiction thresholds. The Constitution and legislation of each other EAC state determine that country’s court hierarchy.
maintenance
Support needed for a child’s care and development. Uganda’s Children Act places parental responsibility on parents and allows courts to make orders to protect a child’s welfare, including financial support. Limits or cautions: The child’s welfare and the terms of the applicable order govern the duty. Spousal maintenance is a separate issue under family law. The forms and enforcement of maintenance differ across EAC states.
maintenance order
A court direction requiring support for a child or spouse. In divorce or nullity proceedings, Uganda’s Divorce Act empowers the court to make orders about maintenance and the care and education of minor children. Limits or cautions: The order’s recipient, amount, duration and enforcement depend on the statute and facts. Do not import the English maintenance-order procedure described in the source dictionary.
majority rule
The general company-law principle that a company decision validly made by the required voting majority binds the company and its members, subject to the Companies Act, the company’s constitution and protections for members in the minority. Limits or cautions: It is not an unrestricted power. Uganda’s Companies Act provides remedies for unfairly prejudicial conduct and oppression; the Registrar or court route depends on the claim and current statute.
malice aforethought
The state of mind required for murder under Uganda’s Penal Code. The prosecution must prove the statutory form of intent or knowledge connected to the unlawful killing; the label does not simply mean personal hatred or a plan formed well in advance. Limits or cautions: The statutory tests and numbering differ between countries. A Ugandan court must apply Uganda’s Penal Code and controlling Ugandan decisions, not assume that a UK formulation automatically governs.
malicious prosecution
A civil claim arising when a defendant was responsible for setting criminal proceedings in motion without reasonable and probable cause, with malice, and the proceedings ended in the claimant’s favour. Ugandan courts apply these elements when deciding the tort. Limits or cautions: A prosecution ending in acquittal does not by itself establish the tort. The claimant must prove each element and loss. This entry is based on Ugandan court decisions applying the common law; remedies and limitation rules must be checked locally.
mandatory order
An order of judicial review requiring a public body or officer to carry out a legal duty. Uganda’s Judicature Act identifies mandamus as a relief the High Court may grant on judicial review. Limits or cautions: The applicant must establish a public duty and the legal basis for relief. The order does not authorise a court to dictate a lawful discretionary outcome. Procedure is governed by Uganda’s judicial-review rules.
manslaughter
An unlawful killing that falls short of murder under the Penal Code. The prosecution must prove the elements of the applicable form of unlawful homicide, while the distinction from murder turns on the facts and required mental element. Limits or cautions: The offence definitions, available defences and sentences vary by state. Do not use the English categories of voluntary and involuntary manslaughter without checking the local code.
marine insurance
A contract under which an insurer undertakes to indemnify the insured, in the agreed manner and to the agreed extent, against losses incidental to a marine adventure. The Act applies its own rules to the policy, insurable interest and maritime perils. Limits or cautions: The statutory definition is tied to the insured marine adventure and the policy terms. It should not be treated as a general definition of all transport or cargo insurance in the region.
marital privileges
Rules governing whether one spouse may or must testify in proceedings involving the other. In criminal proceedings, Uganda’s Evidence Act generally makes an accused person’s spouse competent but not compellable for the prosecution, subject to statutory exceptions. Limits or cautions: This is not a blanket privilege that makes communications between spouses inadmissible. Civil proceedings and statutory exceptions have different rules; the source dictionary’s general claim that privilege has been abolished should not be imported.
marriage
A legally recognised union formed under one of Uganda’s applicable marriage laws. Uganda recognises distinct forms, including civil, customary, Hindu and Muslim marriages, with different rules on registration and whether the marriage is monogamous or potentially polygamous. Limits or cautions: The specific statute and form of marriage affect capacity, registration, property and dissolution. Uganda’s Constitutional Court has held that provisions permitting marriage below 18 are inconsistent with the Constitution; check that ruling alongside older statutory text.
Martens clause
A clause in the law of armed conflict stating that, where a situation is not covered by a specific treaty rule, civilians and combatants remain protected by principles of international law derived from established custom, humanity and public conscience. Limits or cautions: The clause is part of treaty context and does not create a free-standing offence or automatically settle the content of every customary rule. East African states’ treaty obligations depend on the particular instrument’s ratification and domestic implementation.
maternity rights
Statutory protections for an employee who is pregnant or takes maternity leave. Uganda’s Employment Act provides maternity leave and a right to return to the former job or a reasonably suitable alternative on no less favourable terms. Limits or cautions: The leave period, pay and notice requirements must be checked in the current Act and any applicable employment terms. The consolidation viewed includes amendments made in 2026; other EAC countries have separate statutory schemes.
matrimonial home
Under Uganda’s Mortgage Act, a building in which spouses and, where applicable, their children ordinarily live together, including specified curtilage, outbuildings and land allocated for a spouse’s exclusive use. Limits or cautions: This is the Mortgage Act definition, not a universal definition for every family-law or land dispute. The Act also regulates consent and protection where a matrimonial home is mortgaged.
matrimonial proceedings
Court proceedings under the Divorce Act for dissolution or nullity of marriage, or judicial separation. The court may also address custody, maintenance and education of minor children in those proceedings. Limits or cautions: The source dictionary’s English court allocation and procedural labels are not Uganda procedure. The correct court and available relief depend on Uganda’s current statute and rules.
mediation
A process in which a neutral facilitator helps parties explore settlement without deciding the dispute for them. Uganda’s civil procedure framework provides for court-annexed mediation, subject to the governing rules and any applicable subject-specific legislation. Limits or cautions: A mediated settlement becomes enforceable in the manner set by the applicable law and court rules. Mediation is not the same as arbitration, where a tribunal gives a decision.
memorandum of association
A company’s foundational document recording matters required for incorporation, including the subscribers’ intention to form the company and its initial membership or share commitments. Its legal effect is governed by the Companies Act and the company’s articles. Limits or cautions: The Companies Act 2012 changed the law from the repealed Companies Act. Do not rely on old templates or old English rules about the memorandum’s objects clause without checking current Ugandan law.
mens rea
The mental element the prosecution must prove for a particular offence, such as intention, knowledge or recklessness where the offence requires it. The exact mental element comes from the offence’s statutory text and binding case law. Limits or cautions: There is no single mental test for every offence. Some offences impose strict or modified liability, and statutory wording controls. This is a common-law term used by Ugandan courts, not a substitute for reading the offence provision.
mental disorder
Uganda’s Mental Health Act uses “mental illness” for a condition diagnosed under accepted diagnostic criteria by an authorised mental health or medical practitioner. The Act also defines capacity and regulates assessment, treatment and care. Limits or cautions: Do not use an informal diagnosis to decide legal capacity or criminal responsibility. The test depends on the particular legal issue, the Act and competent clinical evidence. Other EAC states have separate mental-health statutes.
merger
A transaction falling within the merger definition in Kenya’s Competition Act, including transactions that transfer or establish control over the whole or part of another undertaking. Some transactions require notification and approval before implementation. Limits or cautions: The Act’s thresholds, exemptions and notification rules determine whether a transaction is reviewable. Kenya’s framework should not be treated as a regional EAC merger code; check COMESA rules as well where the transaction crosses borders.
mesne profits
Profits a person in wrongful possession actually received, or could have received with ordinary diligence, together with interest, but excluding gains attributable to that person’s improvements. The definition appears in Uganda’s Civil Procedure Act. Limits or cautions: A claimant must establish wrongful possession and prove the amount. The term does not simply mean unpaid rent in every landlord–tenant dispute.
minister
The Constitution defines “Minister” as a Minister of the Government, including a Minister of State and Deputy Minister. The office’s legal powers come from the Constitution and the statute assigning the relevant portfolio function. Limits or cautions: This is Uganda’s constitutional definition. Cabinet titles, appointment rules and ministerial responsibilities differ between EAC states.
minority protection
Legal remedies available to company members when those controlling the company act oppressively or conduct its affairs in a manner unfairly prejudicial to a member. Uganda’s Companies Act provides distinct statutory routes for oppression and unfair prejudice. Limits or cautions: A shareholder’s disagreement with a majority decision is not enough by itself. Identify the correct forum and remedy under the current Act; Uganda decisions in 2026 describe Registrar of Companies jurisdiction for oppression petitions.
minutes
The written record of the proceedings and decisions at a company meeting. Uganda’s Companies Act requires records of resolutions and minutes to be kept and gives an entry in the minutes evidential significance in specified circumstances. Limits or cautions: Minutes are evidence of proceedings, not a substitute for required notice, quorum, voting or filing steps. Retention and member-access requirements depend on the type of meeting and company.
misconduct
Conduct that may justify disciplinary action or dismissal only when the applicable employment law, contract and fair procedure support that outcome. Uganda’s Employment Act regulates dismissal and requires employers to follow its statutory grounds and process. Limits or cautions: “Misconduct” is not a universal label with one consequence. The Employment Act’s 2026 amendments affect dismissal terminology; use the current text and distinguish misconduct from other termination grounds.
misdemeanour
Uganda’s Penal Code defines a misdemeanour as an offence that is not a felony. The code classifies felonies by statutory designation or the level of punishment attached where the offence is not otherwise declared a misdemeanour. Limits or cautions: This classification is specific to the Penal Code. Some newer statutes use offence categories and sentencing schemes that do not map neatly onto the felony/misdemeanour distinction.
misleading advertising
Advertising that is false or misleading in a way regulated by Kenya’s consumer-protection and competition laws. The Competition Act gives the Competition Authority powers to investigate prohibited conduct and consumer-welfare concerns. Limits or cautions: Whether an advert is unlawful depends on the representation, its likely effect, available evidence and the Act’s requirements. Kenya’s rules are not automatically the law in Uganda, Rwanda or other EAC states.
misrepresentation
Under Uganda’s Contracts Act, misrepresentation includes an unwarranted or untrue assertion, certain breaches of duty that mislead another to their prejudice, and even an innocent statement that causes a party to be mistaken about the substance of the agreement. Limits or cautions: The Act’s definition is broader than a simple knowingly false statement. The available remedy depends on the facts and statutory provisions; do not import the UK Misrepresentation Act remedies.
mistake
An error may affect a contract where a party labours under a mistake about a fact essential to the agreement. Uganda’s Contracts Act states that a contract is void where a party operates under such an essential mistake of fact. Limits or cautions: Not every misunderstanding invalidates a contract. The statutory test concerns an essential fact and must be applied to the evidence and the kind of mistake; mistake of law is treated separately.
money Bill
A Bill falling within the constitutional definition of a money Bill, including legislation dealing with taxes, charges on public funds, borrowing or appropriation. Kenya’s Constitution restricts the National Assembly’s consideration of a money Bill unless it is introduced or sponsored by the Cabinet Secretary responsible for finance. Limits or cautions: The constitutional categories and legislative process vary by state. This brief uses Kenya’s Constitution and should not be read as describing Uganda’s or another EAC parliament’s rules.
money laundering
The process of turning property obtained unlawfully into property that appears legitimate, including concealing or disguising the nature, source, location, movement or ownership of crime proceeds. Uganda’s Anti-Money Laundering Act also criminalises specified conduct and imposes reporting and compliance duties. Limits or cautions: The Act’s definition and offences govern. A suspicious transaction is not automatically proof of money laundering; criminal liability and reporting duties have separate tests.
month
A month reckoned according to the Gregorian calendar under Uganda’s Interpretation Act. Where a written law uses “month”, this statutory interpretation applies unless the context indicates otherwise. Limits or cautions: A contract or another statute may supply a different rule if its text requires it. Check special deadlines and service rules rather than assuming every period is calculated identically.
mortgage
A charge, lien or other security over land or an interest in land that secures payment of an existing, future or contingent debt, or performance of an obligation. Uganda’s Mortgage Act expressly includes different forms, including third-party and subsequent mortgages. Limits or cautions: A mortgage does not automatically transfer ownership to the lender. Creation, consent, registration, enforcement and redemption are controlled by the Mortgage Act and land-registration law.
motor vehicle
A vehicle classified and regulated under Uganda’s road-safety legislation. The governing statute and regulations determine which vehicle classes require registration, licensing, inspection and insurance. Limits or cautions: Do not use UK Road Traffic Act weight or vehicle categories as if they applied in Uganda. The local statute’s definition and current regulations control, and exclusions or special classes may apply.
movables
For Uganda’s Marine Insurance Act, movable tangible property other than the ship, including money, valuable securities and documents. The word therefore has a specific statutory meaning in marine insurance. Limits or cautions: This definition is confined to that Act. Land, fixtures and movable property are classified differently under other statutes and for other legal purposes.
municipal law
A general international-law label for a state’s domestic legal system. Uganda’s Constitution provides a treaty-making and ratification framework; ratification should not be treated as automatically replacing legislation where domestic implementation is required. Limits or cautions: States in the region use different constitutional arrangements for treaties. Uganda’s Article 123 and Ratification of Treaties Act govern treaty ratification; Kenya’s Constitution separately recognises ratified treaties as part of Kenyan law under Article 2(6). Always verify the country-specific rule and any implementing statute.
murder
A person commits murder under Uganda’s Penal Code if they cause another person’s death by an unlawful act or omission with malice aforethought. The prosecution must prove causation, unlawfulness and the required mental element beyond reasonable doubt. Limits or cautions: The offence, defences and penalties are jurisdiction-specific. The Kenyan Penal Code uses a related but separately worded statutory definition; sentencing decisions must be checked under the relevant country’s constitution and statutes.
nationality
A person’s legal connection with a state. Uganda’s citizenship law treats citizenship as a constitutional status and uses “nationality” in identity and immigration records. A nationality field is evidence recorded for administration; it does not, by itself, decide whether the person qualifies as a citizen under the Constitution. Limits or cautions: “Nationality” and “citizenship” are not interchangeable in every statute or country. For Ugandan legal status, apply the Constitution’s citizenship categories and the Citizenship and Immigration Control Act. Kenya’s Constitution also uses nationality in the found-child rule while determining the child’s citizenship.
national treatment standard
For intellectual-property protection under the WTO TRIPS Agreement, each member must generally give nationals of other WTO members treatment no less favourable than it gives its own nationals. The rule applies within the agreement’s stated subject matter and exceptions. Limits or cautions: This is a treaty-scoped intellectual-property rule, not a general promise that every foreign person receives the same treatment as a citizen in every area of law. Kenya and Uganda are WTO members; the duty is implemented through their national IP laws and procedures.
naturalization
A statutory route by which a qualifying non-citizen may apply to become a Ugandan citizen. The Constitution assigns naturalisation to legislation, and the Citizenship and Immigration Control Act sets the eligibility and application process. Limits or cautions: Naturalisation is not automatic after residence. Eligibility, evidence, decision-making authority, and any constitutional restrictions must be checked under the current Act and regulations. Other East African states set their own routes and requirements.
natural justice
The basic fairness rules for a decision that affects a person: the decision-maker must be impartial, and a person should have a fair chance to answer the case against them. Kenya’s High Court identifies the hearing rule and the rule against deciding one’s own cause; Kenyan and Ugandan constitutions protect fair hearing and fair administrative action. Limits or cautions: The required procedure depends on the decision, governing statute, urgency, and consequences. Natural justice does not always require a trial-style hearing, and a person may waive a procedural protection.
natural person
A human individual, as distinct from a company or other legal entity. Uganda’s Registration of Persons Act expressly says that “person” means an individual or natural person. Limits or cautions: The Act’s definition governs that Act. Other statutes may define “person” to include companies, associations, or bodies corporate, so the context and enactment matter.
necessaries
Goods or services suited to a person’s condition in life and to that person’s actual requirements when the goods are sold and delivered. Uganda’s Sale of Goods and Supply of Services Act uses this test for contracts involving a person under eighteen or another person whose capacity is limited by the section. Limits or cautions: The statutory test is factual and time-specific. A seller cannot rely on the label alone: suitability and the buyer’s actual requirements at the time must be established.
necessity
A narrow defence that may excuse conduct taken to avert an imminent and serious peril when the response is sufficiently connected to that peril. Kenyan courts describe the defence as strictly controlled and limited to circumstances matching its rationale. Limits or cautions: It is not a general excuse for breaking the law to avoid inconvenience or financial pressure. The imminence of the danger, available lawful alternatives, proportionality, and the offence charged matter; Kenyan decisions do not make the defence automatic.
neglect
Under Uganda’s Children Act, child neglect is a failure to provide a child’s basic physical, emotional, and developmental needs, including needs relating to health, education, nutrition, shelter, and safe living conditions, where the failure causes or has a high probability of causing impairment to the child’s development or health. Limits or cautions: This statutory definition is specific to child protection in Uganda. It does not by itself define neglect in elder care, employment, or other legal settings.
negligence
A civil wrong that requires proof that the defendant owed a duty of care, breached it, and thereby caused the claimant loss or damage. Kenyan courts require the claimant to prove the case on a balance of probabilities. Limits or cautions: The duty and standard of care depend on the relationship and circumstances. Negligence is not established merely because an accident or loss occurred; statutory duties and special doctrines can alter the analysis.
negligent misstatement (negligent misrepresentation, careless statement)
A careless statement of fact can give rise to a claim where the speaker owed a duty of care, breached that duty, and caused the claimant loss. A Kenyan High Court decision sets out those elements for the tort of negligent misstatement. Limits or cautions: An inaccurate statement alone is not enough. The claimant must establish a duty, breach, reliance or other legally relevant causal link, and loss; fraud and contractual misrepresentation are distinct claims.
negotiable instrument
A transferable commercial instrument. Kenya’s movable-property statute identifies a bill of exchange, cheque, and promissory note as negotiable instruments by reference to the Bills of Exchange Act. Limits or cautions: Transfer rules, defences, and the quality of title depend on the instrument and the way it is transferred. “Negotiable” does not mean that every document representing a debt is negotiable.
negotiation
For a bill of exchange, negotiation is a transfer to another person in a way that makes that person the holder. A bearer bill is negotiated by delivery; an order bill is negotiated by endorsement and delivery. Limits or cautions: This definition is specific to bills of exchange under the Kenyan Act. Negotiation in trade talks or other legal contexts has a different meaning.
negotiation of a bill
The statutory transfer of a bill so that the recipient becomes its holder: delivery is enough for a bill payable to bearer, while a bill payable to order requires endorsement and delivery. Limits or cautions: The transfer must meet the Act’s form and chain-of-title rules. A bill marked “not negotiable” may still be transferred, but the transferee cannot obtain a better title than the transferor.
neighbour principle
A negligence principle used to identify people to whom a duty of care may be owed: the question is whether they are closely and directly affected by the act or omission and should reasonably be kept in mind. Limits or cautions: It does not create a duty in every situation. A Kenyan Court of Appeal decision says the principle must be applied to the facts, including causation and later developments in the relevant field.
nemo dat quod non habet
A seller who does not own goods normally cannot transfer a better title to the buyer than the seller has. Uganda’s Sale of Goods and Supply of Services Act states this rule directly. Limits or cautions: The Act preserves exceptions, including statutory powers of sale and circumstances where the owner’s conduct prevents them from denying the seller’s authority. The exact exception must be checked against the facts and the Act.
nemo debet bis vexari
A maxim supporting finality: a person should not be made to litigate the same cause twice. Ugandan courts identify it as one foundation of res judicata, whose operative limits are set by the Civil Procedure Act. Limits or cautions: In Uganda decisions the maxim is discussed in civil res judicata. It is related to, but not identical with, the criminal constitutional protection against a second trial after acquittal or conviction.
nemo judex in causa sua (nemo judex in propria causa)
A decision-maker must not decide a matter in which they have a personal interest or a reasonable appearance of bias. Kenyan courts treat it as a core part of natural justice and fair adjudication. Limits or cautions: The test is applied to the circumstances and structure of the decision-making body. A prior role or institutional overlap is not automatically disqualifying; the question is whether the process is legally impartial.
nemo tenetur seipsum accusare
A person accused of an offence cannot be compelled to provide evidence that incriminates them. Kenya’s Constitution protects the right to refuse self-incriminating evidence; Uganda’s Constitution protects an accused and their spouse from compelled testimony against the accused. Limits or cautions: The constitutional wording and reach differ. The protection does not prevent lawful collection of all physical or documentary evidence, and its application depends on the evidence sought and the procedure used.
new trial (retrial)
A new hearing of a criminal case after a previous conviction or trial is set aside, or after new and compelling evidence is established under the applicable rule. Kenya’s Constitution permits a petition for a new trial on specified conditions; Ugandan appellate courts may order a retrial where justice and the evidence permit. Limits or cautions: A retrial is not automatic. The court considers the reason the first trial failed, whether a fair trial remains possible, the evidence, delay, and prejudice. Kenya’s constitutional new-trial petition has its own threshold and is not the same as an ordinary appeal.
no case to answer
At the close of the prosecution case, the court must acquit if the evidence does not make out a case sufficient to require the accused to defend themselves. The Criminal Procedure Code provides this procedure for magistrates’ courts and the High Court. Limits or cautions: This is an early-stage sufficiency test, not a final decision on guilt. If the court finds a case to answer, the accused is called to present a defence and the prosecution still must prove guilt beyond reasonable doubt.
nolle prosequi
In Uganda, the Director of Public Prosecutions may enter a written nolle prosequi before verdict, bringing the current indictment to an end and discharging the accused from it. Kenya’s Constitution gives the Director of Public Prosecutions a power to discontinue proceedings, using different statutory language. Limits or cautions: In Uganda the discharge is not an acquittal and does not itself bar a later prosecution where the law permits. In Kenya, discontinuance after a charge has been laid requires the court’s consent under the Constitution. Do not treat the two procedures as identical.
nominal damages
A small or moderate award recognising that a legal right was infringed when substantial loss has not been proved. Ugandan and Kenyan courts use the remedy in different kinds of civil claims. Limits or cautions: “Nominal” describes the basis of the award, not a fixed amount. The sum depends on the right, facts, and remedy; courts may award more than a trivial amount in some contexts.
nominee shareholder
A person recorded or acting as shareholder on behalf of another person who is the beneficial owner. Kenya’s beneficial-ownership regulations require a nominee shareholder to disclose that status to the company and provide relevant ownership information. Limits or cautions: The meaning is tied to company ownership disclosure. It does not by itself decide whether a trust, agency, or other relationship is valid, nor does a nominee necessarily have beneficial ownership.
non est factum
A narrow defence where a person signed a document believing it was fundamentally different in character from what it actually was, and the mistake was not caused by that person’s own carelessness. Ugandan courts have applied the doctrine to signed instruments. Limits or cautions: It is not enough that the signer did not read the document or misunderstood one term. The difference must be fundamental, and the signer must show reasonable care in the circumstances.
nongovernmental organization (NGO)
An organisation legally constituted under Uganda’s NGO Act as a private voluntary grouping of individuals or associations set up to provide voluntary services to a community, not for profit or commercial purposes. Limits or cautions: Uganda’s Act and its 2024 amendment govern registration, permits, and oversight; this definition does not apply automatically in Kenya or other East African states. Confirm the post-amendment regulator and current permit rules before acting.
nonjoinder
Leaving a person who could be a party out of a civil suit. Kenya’s Civil Procedure Rules say a suit is not defeated merely because a party was misjoined or not joined, and the court may add a person whose presence is needed to decide the dispute effectively. Limits or cautions: A necessary party may still need to be added for an effective and binding decision. The rule does not excuse failure to meet other procedural requirements or guarantee that a claim can proceed without an affected party.
non-refoulement
The rule that a state must not expel or return a refugee to a territory where their life or freedom would be threatened for a reason covered by the Refugee Convention. Kenya’s Refugees Act and Uganda’s Refugees Act also set domestic protections. Limits or cautions: The Convention’s rule, domestic procedures, and other human-rights protections have different scopes. As recorded by the UN Treaty Collection, the six countries in this glossary’s national scope are parties to the 1951 Convention: Burundi (19 July 1963), Tanzania (12 May 1964), Kenya (16 May 1966), Uganda (27 September 1976), Rwanda (3 January 1980), and South Sudan (10 December 2018). Check each country’s reservations and implementing law for a live matter.
nontariff barriers
A restriction on trade that is not a customs tariff, such as a quota, embargo, or regulatory obstacle. EAC law commits Partner States to remove existing barriers to intra-Community trade and avoid creating new ones, subject to the Treaty and regional instruments. Limits or cautions: Not every regulation is an unlawful barrier. The relevant EAC protocol, elimination statute, product rules, and complaint procedures determine whether a particular measure is prohibited or justified.
notary (notary public)
A person licensed and enrolled under Uganda’s Notaries Public Act to perform notarial functions. Uganda law reserves appointment and practice to persons who meet statutory qualifications and authorisation requirements. Limits or cautions: The powers and accepted acts depend on Ugandan law and the law of the place where a document will be used. A Ugandan notary is not automatically equivalent to a notary in another country.
not guilty
A plea that the accused does not admit the truth of the charge. Uganda’s Magistrates Courts Act requires the court to record a not-guilty plea and proceed to trial when the accused does not admit the charge; Kenya’s Criminal Procedure Code follows a similar plea process. Limits or cautions: The plea is not a finding that the accused is innocent. It puts the charge in issue and requires the prosecution to prove guilt under the criminal standard of proof.
notice of discontinuance
A written notice by which a plaintiff discontinues a civil suit or withdraws part of a claim before the suit is set down for hearing. Once set down, the Civil Procedure Rules require written consent of the parties or leave of the court on just terms. Limits or cautions: This is a civil procedure under Kenya’s Order 25. It differs from discontinuing a criminal prosecution under the Constitution or from an Uganda nolle prosequi.
notice of dishonour
A notice to the drawer and endorsers that a bill of exchange was dishonoured by non-acceptance or non-payment. Under Kenya’s Bills of Exchange Act, failure to give the required notice generally discharges a drawer or endorser who was entitled to it. Limits or cautions: The Act contains exceptions and timing, service, and form rules. The notice is tied to a bill of exchange and should not be confused with a general demand for payment.
notice of intended prosecution
For the offences covered by section 50 of Kenya’s Traffic Act, a warning must be given before prosecution. The provision includes service or registered-post delivery of a notice of intended prosecution specifying the alleged offence and when and where it occurred. Limits or cautions: This is a Kenya Traffic Act procedure, not a general notice required before every criminal prosecution. The statutory exceptions and deadlines are important; the current offence and notice method must be checked.
not negotiable
When a crossed cheque is marked “not negotiable,” it may still be transferred, but a recipient cannot obtain or give a better title than the transferor had. Kenya’s Bills of Exchange Act states this rule. Limits or cautions: The phrase does not always mean the instrument cannot be transferred. Its legal effect depends on the instrument, crossing, and Act; do not treat it as synonymous with “non-transferable.”
novation
A new binding contract replaces an existing contract and discharges the old one, usually with the consent of all affected parties. Kenyan courts distinguish novation from a mere variation or assignment. Limits or cautions: Consent and a valid new agreement are essential. A change to one term, an assignment of rights, or a bookkeeping entry alone may not amount to novation.
novus actus interveniens (nova causa interveniens)
An independent event after the defendant’s act that may become the legally effective cause of the harm and break the chain of causation. Kenya’s Court of Appeal describes the doctrine in a criminal causation case. Limits or cautions: An intervening event does not automatically break the chain. The court asks whether the original act remained a significant cause or the later event was sufficiently independent to become the legal cause.
nuisance
Kenya’s Penal Code makes it an offence to create a common nuisance: an act or unlawful omission causing common injury, danger, or annoyance, or obstructing the public in exercising a common right. The term also appears in civil law, but the statutory offence is one clear local definition. Limits or cautions: A public criminal nuisance under the Penal Code is not the same as a private nuisance tort between neighbours. The offence’s elements and exceptions must be read from the current Code.
nulla poena sine lege
A person may not receive a criminal penalty unless the law authorised that penalty when the offence was committed. Kenya protects the accused from a heavier sentence than the one applicable at the time; Uganda requires the offence and penalty to be prescribed by law. Limits or cautions: The principle limits punishment and applies alongside the related rule that conduct cannot be made criminal retroactively. Exact constitutional wording and remedies differ between Kenya and Uganda.
nullity of marriage
A court determination that a marriage is void or should be annulled on a ground recognised by law. Kenya’s Marriage Act provides for annulment of a voidable marriage, and Kenyan courts explain the effect of a decree of nullity. Limits or cautions: Nullity is different from divorce, which ends a marriage treated as valid. Grounds, filing periods, and effects depend on the type of marriage and the current Marriage Act; a decree does not erase every legal consequence automatically.
nullum crimen sine lege
A person cannot be convicted for conduct that was not an offence under the applicable law when it occurred. Kenya’s Constitution prohibits conviction for an act or omission that was not then an offence; Uganda’s Constitution contains a similar protection. Limits or cautions: This protects against retroactive criminalisation. It is related to, but distinct from, the rule that a punishment must also be prescribed by law; interpretation of an existing offence remains a separate question.
nunc pro tunc
A court may make an order now that records or regularises an act as effective from an earlier date when the court has legal power to do so. Kenyan decisions use the phrase when correcting or regularising procedural records. Limits or cautions: It is not a general power to rewrite history or change substantive rights retroactively. The court must identify a legal basis, and affected parties must not be unfairly prejudiced.
nuncupative will
A will made orally rather than in writing. Kenya’s Law of Succession Act calls this an “oral will” and generally requires at least two competent witnesses and death within three months. Uganda’s Succession Act recognises a privileged will made by word of mouth before two witnesses, subject to its own expiry rule. Limits or cautions: The statutes use “oral will” or “will by word of mouth,” not usually “nuncupative.” The witness requirements and time limits differ: Kenya’s ordinary oral-will rule and Uganda’s privileged-will rule should not be blended.
official receiver
Uganda’s Insolvency Act defines the Official Receiver as a person appointed under section 202. Tanzania’s Registration, Insolvency and Trusteeship Agency describes the Administrator General as performing the Official Receiver’s functions under the Bankruptcy Law. In plain language, this is a statutory office responsible for designated insolvency or bankruptcy tasks. Limits or cautions: The office, appointment route and powers depend on each country’s legislation. RITA identifies the Administrator General in this role in Tanzania; Uganda’s Act defines the officer by appointment. Do not assume identical duties or procedure.
official search
A formal search of a land parcel’s register. Section 34 of Kenya’s Land Registration Act provides for a certificate of official search showing the subsisting entries recorded against that parcel. Regulations also provide for electronic land searches. Limits or cautions: The certificate reports what the register showed when searched. It does not resolve a boundary or ownership dispute and should not be treated as a full account of unregistered interests or the land’s physical condition.
omission
Uganda’s Penal Code Act includes an omission in its definition of an offence: an act, attempt or omission punishable by law. In this context, an omission is a failure to act that becomes criminal only where the law makes that failure punishable. Limits or cautions: The word alone does not create a general duty to act. Identify the offence provision or other legal duty that required action, and assess every element of that offence.
onus of proof
The legal responsibility to establish a disputed fact or charge. Kenya’s Evidence Act places the burden on the person asking the court to decide a right on asserted facts and on a party who would fail if no evidence were given. Ugandan courts state that the prosecution must prove a criminal charge beyond reasonable doubt; in civil disputes, the claimant generally proves the case on a balance of probabilities. Limits or cautions: Distinguish the legal burden of persuading the court from an evidential burden to produce material on a particular issue. Statutory presumptions and special rules can allocate particular facts differently; the applicable statute and case context matter.
open court
Uganda’s Magistrates Courts Act treats the place where a criminal court sits for trial as an open court accessible to the public, so far as it can conveniently hold them. Uganda’s Constitution guarantees a public hearing, and Kenya’s Constitution protects public hearings while allowing exclusion in specified circumstances. Limits or cautions: Public access is not absolute. Uganda’s Act allows a magistrate to restrict access during an inquiry or trial. Kenya’s Constitution permits exclusion of the public or media where necessary for listed purposes, including protecting witnesses or vulnerable persons, morality, public order or national security. The grounds and procedures differ.
open for signature
A treaty is open for signature while states eligible under its final clauses may sign it during the stated period and at the stated place. The Vienna Convention on the Law of Treaties was opened for signature in Vienna on 23 May 1969; its final clause set an initial period through 30 April 1970 and provided for later signature at UN Headquarters. Limits or cautions: Signature, ratification and accession are different acts. Signature does not by itself always establish consent to be bound; the treaty’s final clauses and the rules in articles 12, 14 and 18 matter. As at 25 October 2026, the UN Treaty Collection lists the DRC (acceded 25 July 1977), Rwanda (3 January 1980) and Tanzania (12 April 1976) as parties by accession; Kenya signed on 23 May 1969 without ratifying; and no participant entry for Burundi, Somalia, South Sudan or Uganda. A treaty’s status is distinct from its domestic implementation.
open space
Uganda’s Tobacco Control Act defines “open space” or “outdoor space” as a space that is not enclosed. That meaning is used in the Act’s tobacco-control framework. Limits or cautions: This definition does not establish a general land-use, park or planning category. Whether smoking is restricted depends on the Act’s specific rules and locations; the word “open” alone does not decide whether smoking is permitted.
opinio juris
A state’s sense that a practice is accepted as law, rather than merely repeated as habit or policy. Article 38(1)(b) of the ICJ Statute describes customary international law as general practice accepted as law; the ICJ’s 2019 Chagos Advisory Opinion discusses general practice and opinio juris as the two elements. Limits or cautions: Evidence of state practice and acceptance as law must be assessed in context. Under article 59 of the ICJ Statute, a Court decision binds only the parties and only for that particular case. The Chagos opinion is advisory, not a contentious judgment binding EAC states.
opinion evidence
The Evidence Acts recognize opinions as evidence only in defined settings. Uganda and Kenya allow specified opinions, including expert opinion and opinions on matters such as handwriting, custom or relationship. Uganda’s Act also requires testimony about an opinion, or its grounds, to come from the person who holds it, subject to statutory exceptions. Limits or cautions: This is not a blanket rule admitting any witness’s belief. The statutory category, relevance, expertise or other foundation, and the grounds for the opinion matter. Opinion testimony should also be distinguished from direct evidence of what a witness personally perceived.
optional clause
Under article 36(2) of the ICJ Statute, a state party may make a declaration accepting the Court’s compulsory jurisdiction in advance for specified legal disputes, in relation to other states accepting the same obligation. The acceptance is reciprocal and depends on the declaration’s terms. Limits or cautions: The clause does not give the ICJ automatic jurisdiction over every dispute involving a UN member. Reservations, amendments and withdrawal matter. The ICJ’s published declaration list states that its status snapshot is 1 June 2023; that snapshot includes Uganda’s declaration of 3 October 1963 and Somalia’s of 11 April 1963. The 2021 Somalia v Kenya judgment addressed declarations relevant to that case only; under article 59, its binding force is limited to Somalia and Kenya in that case.
option to purchase
Section 35 of Uganda’s Land Act creates two related priority rights. A tenant by occupancy who wishes to assign the tenancy must first give the landowner the option to take the assignment. If the owner wishes to sell the reversionary interest, the tenant by occupancy has the first option to buy it. The Court of Appeal applied the first rule in Ndimwibo v Ampaire. Limits or cautions: This is a statutory arrangement for interests held by tenants by occupancy. It is not a general call option requiring any landowner to sell. Statutory consent and transfer procedures may also apply.
oral evidence
Uganda’s Evidence Act defines oral evidence as statements the court permits or requires witnesses to make before it about facts under inquiry. Kenya’s Evidence Act requires oral evidence to be direct: for example, a witness who testifies to something seen or heard must give evidence of their own perception, subject to the law’s exceptions. Limits or cautions: Spoken testimony is not automatically admissible. Directness, hearsay and other rules still apply, and the precise procedure depends on the governing Evidence Act and proceeding.
order
In civil procedure, an order is a formal expression of a court’s decision that is not a decree. Uganda’s Civil Procedure Act expressly includes a rule nisi; Kenya’s Civil Procedure Act uses the same core distinction between an order and a decree. Limits or cautions: This statutory meaning is tied to civil procedure. Other laws use “order” in other ways, and appeal rights, execution and legal effect depend on the type of order and the applicable local rules.
ordinance
Uganda’s Local Governments Act defines an ordinance as a law made or passed by a district council under section 40. In plain language, it is a form of district-level local legislation. Limits or cautions: The term is limited by the district council’s law-making authority and the procedures in the Constitution and Local Governments Act. It is not an Act of Parliament or a UK-style Order in Council.
ordinarily resident
For Uganda’s Land Act, ordinary residence is a place where a person lives with some continuity, apart from accidental or temporary absences. A person is ordinarily resident there when they intend it to be their home for an indefinite period. In Kanyima v Mercantile Credit Bank, the High Court treated ordinary residence as a question of fact. Limits or cautions: This definition appears in the Land Act’s family-land provisions. Do not automatically transfer it to tax, immigration, citizenship or another country’s law; each legal context may use a different test.
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