MOST COMMON LATIN TERMS IN THE KENYAN LEGAL SYSTEMS AND THEIR MEANINGS

The Latin language has for several years been a fundamental building block for the legal language and to date still maintains its influence in the legal space across the globe. Locally in Kenya, here are some of the most common and used legal terms and phrases that you will commonly encounter in law school and legal professional practice.

OBITER DICTA – this refers to thoughts and opinions of a Judge or magistrate that do not have any bearing in the final outcome or determination of a matter before them, and as such are not legally binding. 

RATIO DECIDENDI can simply be referred to as the opposite of obiter dicta. It is basically a judicial officer's reasoning to inform the delivery of their final determination in a matter.

RES JUDICATA – Refers to the principle where once an issue has been determined and a final judgment or verdict given, then a matter cannot be relitigated between the same parties.

SUB JUDICE – This refers to a situation where a matter is currently before a court or a judge and the matter is pending determination. It usually seeks to prohibit publications or comments which may prejudice Court proceedings.

RES IPSA LOQUITUR – This is another popular Latin phrase used by legal practitioners that translates to 'the thing speaks for itself'. It is commonly used in negligence claim suits such as road traffic accidents civil suits. The Claimant or Plaintiff usually takes the position that the circumstances surrounding the case make it obvious that negligence occurred the Claimant or Plaintiff need not belabor the point or explain further.

PRIMA FACIE – The term loosely translates to 'at first sight', 'on the first impression'. It refers to the face value of a case where there is enough evidence for there to be a case to answer.