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Klaw 109: Legal Systems &Amp; Methods Question Paper

Klaw 109: Legal Systems &Amp; Methods

Course:Bachelor Of Laws (Llb)

Institution: Kabarak University question papers

Exam Year:2009

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2009 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 109
COURSE TITLE: LEGAL SYSTEMS & METHODS
STREAM: Y1S2
DAY: FRIDAY
TIME: 9.00 – 11.00 A.M.
DATE: 06/08/2010

INSTRUCTIONS:
Answer Question One which is compulsory and carries thirty (30) marks and Two other
Questions which carry Fifteen (15) marks each

1. Question One

In the Case of Jesse Kamau and 25 Others –vs- The Attorney General and the Constitution
of Kenya Review Commission, Misc. Civil Application No. 890 of 2004, Judges J. G.
Nyamu, R.V.P. Wendo and NJ Anyara Emukule citing the Australian Case of James
versus Commonwealth of Australia [1936) AC. S 78 Per Lord Wright said, “A
Constitution must not be considered in a narrow and pedantic manner and a
Constitution most beneficial to the widest amplitude of the power must be adopted.
With reference to the above statement and to the decision now known as the ‘Kadhi’s Court
decision’, discuss the following: -
(i) Whether in their Judgement the three Judges satisfied Lord Wrights Test
(15 marks)
(ii) Why Interpretation of the Constitution must be different from interpretation of
ordinary statutes as guided by the Interpretation and General Provisions Act,
Chapter 2 of the Laws of Kenya (15 marks)

2. Question Two
The Interpretation of Statutes is an integral component of Kenya’s Legal System. Using
appropriate examples, discuss three (3) of the following Rules of Interpretation:-
(i) The Literal Rule. (5marks)
(ii) The Golden Rule. (5marks)
(iii) Ejusdem Generis. (5marks)
(iv) Expressio Unius Est Exclusio non alterius.

3. Question Three
Write short notes on any three (3) of the following: -
(i) The significance of the reception date (12th day of August, 1897) in Kenya’s Legal
System. (5marks)
(ii) The Development of Legal Education in Kenya from Independence to date.
(5marks)
(iii) The Extent of Application of Islamic Law in Kenya. (5marks)
(iv) The Extent of Application of Customary Law in Kenya. (5marks)

4. Question Four
With reference to the Constitution and other relevant statutes identity the Courts and
Tribunals which operate in Kenya and briefly discuss their jurisdiction. (15 marks)
5. Question Five
List and briefly discuss the sources of Law in Kenya. (15 marks)

Klaw 109: Legal Systems &Amp; Methods Question Paper

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