An Outline of the Law Governing the Relationship between Banker and Customer in Kenya

It is perhaps desirable to start off by reminding ourselves as to what generally is the law which is applicable to bankers in Kenya. We know that the sources of Kenya law as set out in the Judicature Act, 19671 are: “;(a) the Constitution; (b) subject thereto, all other written laws, including the Acts of Parliament of the United Kingdom, cited in Part I of the Schedule to this Act, modified in accordance with Part II of that Schedule; (c) subject thereto and so far as the same do not extend or apply, the substance of the common law, the doctrines of equity and the statutes of general application in force in England on the 12th August, 1897, and the procedure and practice observed in courts of justice in England at that date:…”