The Long Title

1. Abstract

A long title is often described as one of the most consequential parts of an Act of Parliament or a proposed legislation. It is the section that is primarily relied on to highlight the letter and the spirit of the law. This is because the long title carries with it both the objects of a law as well as the intentions of the drafters. The practice and theory of legislative drafting has often offered different ways, forms, styles and structures with regards to drafting the long title. This is because of differences in jurisdiction, legal system and drafting style. This article therefore seeks to comprehensively discuss the concept, form, style and technique of the long title in Kenya. Significantly, this article focuses on the value of a long title, the pitfalls in drafting and most of all the conventions considered in drafting the long title. All these are aimed at disseminating information as well as develop a uniform style of drafting legislation within the jurisdiction 

2. Introduction

Whilst the short title of an Act of Parliament or a Bill serves to identify or name the law or a legislative proposal as a matter of nomenclature, the long title basically describes the law or the intended legislative proposal thus, laying bare the intentions and objectives of the Act or the Bill all be it in summary. In other words, other than just identifying a law or a Bill, the long title rather defines a legislative proposal or a law thus stating what the Bill or the Act contains and what it does not contain. This has been described in other writings as the pith and substance of a Bill. A long title therefore; carries with it the scope of the legislation. “The title” as it is otherwise known in essence replaces the preamble in an Act of parliament. A long title, therefore, basically contains the connection between the subject matter and the Constitution; the thematic areas and the institutions that are created forthwith. As a function, the long title is meant to educate the members of parliament on the general purpose of a Bill. The long title with regards to an Act of read more