The Efficacy of legal transplantation in Kenya: an analysis based on the Insolvency ACT, 2015 and the Companies ACT, 2015

Abstract

Legal transplantation has become a worldwide phenomenon and with its continued use in various jurisdictions for many years, it has continued to be preferred by many legal drafters both in Kenya and beyond. The aim of this dissertation is to find out whether the process of legal transplantation is an effective process in legal drafting in Kenya based on an analysis on the Company's Act 2015 and the Insolvency Act 2015. The research done on this paper is from online content and written work. The content is largely foreign as there is very little information on the subject here in Kenya as much as the process takes place quite evidently here. This research found that The Company's Act and the Insolvency Act are two legislations that have been heavily borrowed from the United Kingdom and have faced numerous challenges and therefore need numerous amendments. They were borrowed without a complete understanding and have not been quite effective to address the problems they were meant to solve .The recommendations given include the drafting of laws with an aim to only solve real problems without borrowing foreign concepts wholly. It also recommends that the process of legal transplantation ought to be used only in moderation.