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Cls 100: Principles Of Law Of Torts Question Paper
Cls 100: Principles Of Law Of Torts
Course:Bachelor Of Law
Institution: Catholic University Of Eastern Africa question papers
Exam Year:2015
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 100: PRINCIPLES OF LAW OF TORTS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Glanville Williams (1951) identified several possible objectives for damages in tort. The
extent however, to which these objectives may be attained is debatable. Discuss.
(30 marks)
Q2. Vicarious liability and breach of an employer’s duty may both arise on the same facts, but
they are conceptually distinct. From the plaintiff’s point of view however and for policy
reasons, the employer is much the more attractive dependant. Discuss.
(20 marks)
Q3. For the plaintiff to succeed in an action in tort, he must prove the essential elements of the
tort in question. An action however may fail because of a defense which has been put
forward. Critically examine this statement.
(20 marks)
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00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Q4. A person who has suffered damage as a result of the breach of a statutory duty may have
an action in tort, classified by Lord Browne-Wilkinson in X (minors) V Bedfordshire County
Council (1995) 3 WLR 152 as ‘an action for breach of statutory duty simpliciter’. Discuss.
(20 marks)
Q5. Under the common law a personal right of action dies with the person. Critically examine
this position in light of the provisions of the Law Reform Act (Cap 26).
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
SPECIAL EXAMINATION
CLS 100: PRINCIPLES OF LAW OF TORTS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 3
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Q1. Glanville Williams (1951) identified several possible objectives for damages in tort. The
extent however, to which these objectives may be attained is debatable. Discuss.
(30 marks)
Q2. Vicarious liability and breach of an employer’s duty may both arise on the same facts, but
they are conceptually distinct. From the plaintiff’s point of view however and for policy
reasons, the employer is much the more attractive dependant. Discuss.
(20 marks)
Q3. For the plaintiff to succeed in an action in tort, he must prove the essential elements of the
tort in question. An action however may fail because of a defense which has been put
forward. Critically examine this statement.
(20 marks)
Q4. A person who has suffered damage as a result of the breach of a statutory duty may have
an action in tort, classified by Lord Browne-Wilkinson in X (minors) V Bedfordshire County
Council (1995) 3 WLR 152 as ‘an action for breach of statutory duty simpliciter’. Discuss.
(20 marks)
Q5. Under the common law a personal right of action dies with the person. Critically examine
this position in light of the provisions of the Law Reform Act (Cap 26).
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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ISO 9001:2008 Certified by the Kenya Bureau of Standards
REGULAR PROGRAMME
CLS 100: PRINCIPLES OF LAW OF TORTS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Brian works for Altamont PLC as a delivery driver. He drives his own van but wears a
uniform supplied by Altamont, who pay his monthly salary. On Monday afternoon, he is
on his way to do his last delivery when he gets a call from his daughter Patti and agrees
to collect her from school. As they leave the school and drive in the direction of the delivery
destination, Brian’s van skids and hits Keith’s car.
Discuss Keith’s liability in this case. (30 Marks)
Q2. Discuss the term tort and examine the elements of tortuous liability. What are the
fundamental differences between criminal law and tort law? (20 Marks)
Q3. a) Discuss the elements of the tort of nuisance (10 marks)
b) When may a defendant plead De minimis non curat lex? (10 marks)
Q4. Explain defamation essential elements and distinguish libel and slander.
(20 marks)
Q5. Write explanatory notes on the following: -
a) Res Ipsor Loquitor (5 marks)
b) Volenti non Fit Injuria (5 marks)
c) Novus actus Interneniens (5 marks)
d) Contributory negligence (5 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 103: CONSTITUTIONAL LAW I
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) With aid of Case law, illustrate the necessary stages in a constitution-making
exercise, that would guarantee the legitimacy of a constitution before a Kenyan
court. (15 marks)
b) Compare and contrast between a ‘conservative’ and a ‘liberal’ interpretation of the
constitution (use case law in support of your answer)
(15 marks)
Q2. Referring to provisions of the Constitution of Kenya (2010) and case law, outline the scope
and limits of the parliamentary power to amend the constitution.
(20 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Q3. Critically discuss the “special role of the courts” in a constitutional democracy like Kenya,
in comparison to the system of parliamentary sovereignty found in the United Kingdom
(U.K). (20 marks)
Q4. Briefly describe the in-build “checks and balances” in the Constitution of Kenya 2010
aimed at preventing the “majoritarian dictatorship” of the political party or coalition that
wins in the general elections. (20 marks)
Q5. Referring to case law, give your reasoned response to the following general claim.
“Economic, social and cultural rights do not impose binding obligations on states, as
opposed to civil and political rights. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 103: CONSTITUTIONAL LAW I
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Q1. Constitutionalism in a narrow sense is the practice of limited government brought about
through the existence of a constitution. Constitutionalism in this sense can be said to exist
whenever government institutions and political processes are effectively constrained by
constitutional rules. Discuss. (30 marks)
Q2. a) Separation of powers is doctrine that proposes that the three functions of
government should be entrusted to separate branches of government. Identify the
three arms of government and their roles. (10 marks)
b) A referendum is a vote in which the electorate can express a view on a particular
issue of public policy. What is the importance of a Referendum?
(10 marks)
Q3. A President is a formal head of state, a title which is held in some states by a monarch or
emperor. However constitutional presidents differ from executive presidents. Discuss and
give examples. (20 marks)
Q4. Parliament occupies a key position in the machinery of government. In what ways is
parliament important and what are its chief functions? (20 marks)
Q5. A mandate is an instruction or command from a higher body that demands compliance.
Policy mandates can be distinguished from governing mandates. Discuss.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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FACULTY OF LAW
EVENING PROGRAMME
CLS 104: LAW OF CONTRACTS I
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Hawi placed an advertisement in the local newspaper; “Four Burmese kittens for
sale, Ksh.50,000 each, lovely pets.” Xavier went to see the kittens and asked
Hawi to reserve the smallest one for him and said that he would return in three
weeks to collect the kitten. Later that day, Hawi told her husband that Xavier was
to have the smallest kitten in the litter. Xavier never returned. Vic telephoned Hawi
about the kittens. After inquiry about the breed he said, “I will think about it”. The
next day, Vic wrote to Hawi, “I have decided that I will have the oldest from the
litter.” Before the letter was delivered, Vic sent an email to Hawi stating that he was
not interested after all. Because of a problem with Hawi’s server, she did not
receive the email until after the letter had arrived.
Yvonne sent an email to Hawi stating that the Ksh.50,000 is very expensive for a
young Burmese. Will you accept Ksh.20,000? When Hawi replied by email that
she would not, Yvonne posted a letter which read “I accept your offer to sell a
Burmese kitten at Ksh.50,000.
Walter paid Hawi Ksh,50,000 and took one of the kittens. Two weeks later, he
complained to Hawi that the kitten was in the babit of chewing the furniture. Hawi
said “Never mind, he will grow out of it!” When Walter took the kitten to the Vet to
see if the habit could be broken, the vet informed him that the kitten was not a pure
breed burnese but a much less valuable cross-breed. Walter demands the return
of his money from Hawi and compensation for the damage to his furniture.
Advise Hawi. (15 marks)
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b) Discuss the qualifications that must be satisfied for promissory Estoppel to be
evoked. (10 marks)
c) What is the effect of including an “honour clause” in a written agreement?
(5 marks)
Q2. Discuss the following situations focusing on whether or not the parties involved have the
capacity to contract and if, so to what extent is any resulting contract binding?
a) Lukas is 13 years old. He enters into a contract with Leah (an adult) to purchase a
guitar. Leah then decides that he does not wish to sell the guitar and alleges that
no valid contract exists as Luke is too young to be able to enter into a legally
binding contract. Is Leah correct? Would your answer differ if Lukas changed his
mind and did not wish to purchase the guitar but Leah wished to enforce the
agreement? (6 marks)
b) Ross is mentally disabled. He enters his local BMW showroom and enters into an
agreement to purchase a new M3 Coupe for Kshs.5,000,000. Ross later regrets
entering into an agreement and argues that due to his mental disability the
agreement is not binding. Is he correct? (6 marks)
c) The law is that an offer does not continue indefinitely and may be terminated in
given ways. With the aid of case law and other legal authority briefly discuss ways
in which a valid offer may be terminated.
(8 marks)
Q3. Discuss both the statutory and common law protection of the application of unfair terms in
relation to the Unfair Contract Terms Act of 1977 and how the same differ from the
Consumer Protection Act. (20 marks)
Q4. Define the Doctrine of Purity of Contract. With the aid of decided cases, discuss the
various exceptions to the doctrine of purity of contract. (20 marks)
Q5. Using illustrative case law, make short notes on the following: -
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a) Consideration need not be adequate but must be sufficient (5 marks)
b) The legal position of past consideration and its exceptions (7 marks)
c) The circumstances in which terms will be implied into a contract
(8 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
SPECIAL EXAMINATION
CLS 104: LAW OF CONTRACTS I
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Hawi placed an advertisement in the local newspaper; “Four Burmese kittens for
sale, Ksh.50,000 each, lovely pets.” Xavier went to see the kittens and asked
Hawi to reserve the smallest one for him and said that he would return in three
weeks to collect the kitten. Later that day, Hawi told her husband that Xavier was
to have the smallest kitten in the litter. Xavier never returned. Vic telephoned Hawi
about the kittens. After inquiry about the breed he said, “I will think about it”. The
next day, Vic wrote to Hawi, “I have decided that I will have the oldest from the
litter.” Before the letter was delivered, Vic sent an email to Hawi stating that he was
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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not interested after all. Because of a problem with Hawi’s server, she did not
receive the email until after the letter had arrived.
Yvonne sent an email to Hawi stating that the Ksh.50,000 is very expensive for a
young Burmese. Will you accept Ksh.20,000? When Hawi replied by email that
she would not, Yvonne posted a letter which read “I accept your offer to sell a
Burmese kitten at Ksh.50,000.
Walter paid Hawi Ksh,50,000 and took one of the kittens. Two weeks later, he
complained to Hawi that the kitten was in the babit of chewing the furniture. Hawi
said “Never mind, he will grow out of it!” When Walter took the kitten to the Vet to
see if the habit could be broken, the vet informed him that the kitten was not a pure
breed burnese but a much less valuable cross-breed. Walter demands the return
of his money from Hawi and compensation for the damage to his furniture.
Advise Hawi. (15 marks)
b) Discuss the qualifications that must be satisfied for promissory Estoppel to be
evoked. (10 marks)
c) What is the effect of including an “honour clause” in a written agreement?
(5 marks)
Q2. Discuss the following situations focusing on whether or not the parties involved have the
capacity to contract and if, so to what extent is any resulting contract binding?
d) Lukas is 13 years old. He enters into a contract with Leah (an adult) to purchase a
guitar. Leah then decides that he does not wish to sell the guitar and alleges that
no valid contract exists as Luke is too young to be able to enter into a legally
binding contract. Is Leah correct? Would your answer differ if Lukas changed his
mind and did not wish to purchase the guitar but Leah wished to enforce the
agreement? (6 marks)
e) Ross is mentally disabled. He enters his local BMW showroom and enters into an
agreement to purchase a new M3 Coupe for Kshs.5,000,000. Ross later regrets
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entering into an agreement and argues that due to his mental disability the
agreement is not binding. Is he correct? (6 marks)
f) The law is that an offer does not continue indefinitely and may be terminated in
given ways. With the aid of case law and other legal authority briefly discuss ways
in which a valid offer may be terminated.
(8 marks)
Q3. Discuss both the statutory and common law protection of the application of unfair terms in
relation to the Unfair Contract Terms Act of 1977 and how the same differ from the
Consumer Protection Act. (20 marks)
Q4. Define the Doctrine of Purity of Contract. With the aid of decided cases, discuss the
various exceptions to the doctrine of purity of contract. (20 marks)
Q5. Using illustrative case law, make short notes on the following: -
d) Consideration need not be adequate but must be sufficient (5 marks)
e) The legal position of past consideration and its exceptions (7 marks)
f) The circumstances in which terms will be implied into a contract
(8 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 13
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REGULAR PROGRAMME
CLS 104: LAW OF CONTRACTS I
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) On 2nd January 2015 Sarah reads in a local newspaper, “The Nation”, a well known
local sports enthusiast, Mick Muscle was offering Ksh.50,000 to the first person to
swim from Diani to Watamu before 5th January 2015. Sarah, a keen swimmer, set
about her preparations. On 3rd January a retraction appears in “The Standard
newspaper” stating that Mick original offer was cancelled and instead the prize was
now to be Ksh.5,000 to the first person to cycle from Westlands to Kitengela before
the 10th January 20145. Sarah read the regular “Nation Newspaper and other
newspaper. She did not see the retraction in “The Standard newspaper”.
On 8th January Sarah went down to the beach at Diani to commence her swim to
the Watamu. A bystander who identified himself as Rick Muscle (Mick’s brother)
told her that the swimming prize had been cancelled and she should “go get her
cycling gear on”. Sarah disregarded this statement and proceeded with her swim.
Rick Muscle notified his brother Mick, who promptly hired a boat and caught up
with Sarah in the middle of her swim. Mick shouted at her through the megaphone
telling her the withdrawal of the reward for the swim. Sarah was not deterred and
completed her swim to Watamu. On returning to her home in Nairobi she decided
to cycle to Kitengela the next day to see her best friend. She reached Kitengela on
the evening of 9th January, she now wishes to claim both the Ksh.50,000 for being
the first person to swim to the Watamu and, having later learnt of the prize, the
Ksh.5,000 for cycling to Kitengela. Advise Sarah. (15 marks)
b) Using illustrative case law make short notes on the following: -
i) For what propositions of law is Combe Vs Combe the authority?
(5 marks)
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ii) What is the consideration to support a unilateral promise?
(5 marks)
iii) What is the effect of including an “honour clause” in a written agreement?
(5 marks)
Q2. Using illustrative case law, explain the distinction between an invitation to treat and an
offer in the law of contract. (20 marks)
Q3. Mc Kendrick comments that despite the enactment of the Minors Contracts Act 1987, the
rules of law remains in need of further rationalization in an effort to provide a better balance
between, on one hand, the protection of minors and on the other hand the interests of
whose who deal in all good faith with them (contract law).
Discuss the above statement. (20 marks)
Q4. Discuss both the Statutory and Common Law Protection of the application of unfair terms in
relation to the Unfair Contract Terms Act of 1977 and how the same differs from Consumer
Protection Act. (20 marks)
Q5. “The Common Law does not require any positive intention to create a legal obligation as
an element of contract….. A deliberate promise seriously made is enforced irrespective of
the promissor’s views regarding his liability.”
(Williston on Contract)
Comment on the above statement and indicate whether intention to contract is an
independent requirement for a valid contract. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 105: CRIMINOLOGY
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Macrosological studies is one of the approaches of social control. Elaborate on this
mainstream study while evaluating its effectiveness in social control in relation to your
country. (30 marks)
Q2. Explain why comparative criminology has become a necessity today while indicating its
practical goals. (20 marks)
Q3. Arson is a crime against property. Describe the nature of this crime and elaborate on the
possible causes, its impact on the society and suggest how the government should treat
the offenders. (20 marks)
Q4. Identify and explain the three cultural deviance theories under the sociological explanation
of crime. (20 marks)
Q5. Psychoanalytic studies attribute delinquent and criminal behaviour to unconscious
problems in individuals. Elaborate on this. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
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MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
REGULAR PROGRAMME
CLS 110: ROMAN LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Discuss the historical development of Roman Law. (You may exclude a section on the
“Praetorian Development of the Law”. (30 marks)
Q2. “The most celebrated system of jurisprudence known to the world today begins as it ends
with a code”. Discuss. (20 marks)
Q3. a) Discuss the concept of Jus, its sources and division. (15 marks)
b) Outline the contribution of Roman Law in other legal systems especially the
common law system and Romanistic systems. (5 marks)
Q4. a) What is the difference between: Jus in Rem and Jus Rerum; Jus in Personam and
Jus Personarum? (6 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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b) In Roman Law of Property, ownership was governed by JUS GENTIUM or JUS
CIVILE. Discuss. (14 marks)
Q5. In the JUS RERUM of Roman Law, one could exert a right over one’s own property or
over another’s property. Discuss. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 112: LEGAL SYSTEMS AND METHODS
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Define the term ‘law’, examine the Constitution as a source of law in Kenya, clearly
bringing out its fundamental principles. (25 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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b) What is the legal principle behind the case of Maria Gasese V. Priscilla
Nyomonda. (5 marks)
Q2. a) Using an illustrative diagram, explain the hierarchy of courts in Kenya.
(12 marks)
b) Differentiate between ‘vertical stare decesis’ and ‘horizontal stare decesis’.
(8 marks)
Q3. “Enacted laws, especially the modern Acts and Rules, are drafted by legal experts and it
could be expected that the language used will leave little room for interpretation or
construction. This has led to the formulation of certain rules and principles of
interpretation/construction.” In light of this statement, explain the “mischief” rule of
interpretation, clearly outlining how it operates. (20 marks)
Q4. Legal writing is the type of technical writing used by lawyers, judges, legislators and other
to express legal analysis, rights and duties. What are the basic characteristics of this kind
of writing? What is the reason behind the unique type of writing?
(20 marks)
Q5. The Constitution of Kenya guarantees the right to fair trial (Art 51) which includes the right
to legal services/legal aid for citizens who cannot afford hiring personal advocates. Explain
the role of legal aid in the Kenyan legal system and cite some organizations that offer legal
aid in Kenya. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 19
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FACULTY OF LAW
REGULAR PROGRAMME
CLS 112: LEGAL SYSTEMS AND METHODS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. With the aid of decided cases and legislation, trace the development of Kenya’s legal
system from colonialism to date. (30 marks)
Q2. “Right is a child of law; from real laws come real rights, but from imaginary law, from laws
of nature, come imaginary rights….”
- Jeremy Bentham, The Book of Fallacies (1824)
Discuss the above statement using concrete examples from Kenya. (20 marks)
Q3. “Systems of law share so many common features that it is a waste of time attempting to
fit them into established categories.”
- Anonymous
Discuss the above statement using concrete examples. (20 marks)
Q4. Discuss the various steps that a civil litigant has to follow under Kenya’s legal system.
(20 marks)
Q5. “Rules of statutory interpretation embody a collection of frequently overlapping and, on
occasions, conflicting rules, principles and presumptions which have accumulated over
the years.”
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- Anonymous
Discuss the above statement using decided cases. (20 marks)
Q6. Critically analyze the common law doctrine of stare decisis and the circumstances, if any,
in which it does not apply. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 113: ADMINISTRATIVE LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) The recent (fictitious) Street Traders Act provides that it is unlawful for any person
to engage in street trading without first obtaining a license from the Kisii County
Government:
Consider the following actions by the Kisii County Government:
i) The Kisii County Government has been concerned about the
proliferation of street traders in its area (whom it believes to be 1,500)
and resolves to limit the number of licenses to 1,000. Advise the
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 21
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Street Traders Association on the legality of that decision.
(5 marks)
ii) Gitonga has been a street trader for many years. He applies for a
license, and asks to be allowed to make oral representations in
support of his application. That request is refused, as is his
application. His request to be given reasons for the refusal was also
refused. Advice him. (5 marks)
iii) Kibet has also been trading for many years. Letters of objection to
his applications were received from Oichoe (another street trader),
and from the police. Kibet’s application is rejected. He was not told
by the Kisii County Government that letters of objection had been
received by it. Advice him. (5 marks)
b) In addition to Acts of Parliament and Statutory Instruments, the following
methods of promulgating general principles of conduct are now being
commonly used;
i) Codes of Practice
ii) Circular and Memorandum of Government Departments
iii) By-Laws
Describe these methods and give examples of each of them. Compare the effect of
each with that of Acts of Parliament and Statutory Instruments. (8 marks)
c) Explain the distinction between Public Law and Private Law so as to
establish which cases are appropriate for an application for judicial review
under Order 53. (7 marks)
Q2. “The Wednesbury Case was wrongly decided and now Wednesbury unreasonableness
means whatever the judges want it to mean. It is time to forget Wednesbury and establish
a more rational basis for the principal of irrationality”. Critically assess this statement in
the light of relevant cases.
(20 marks)
Q3. To what extent should Public Authorities be granted special treatment under the Law of
Tort and Contract? (20 marks)
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 22
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Q4. A new Broadcasting Bans Act 2014 (fictitious) states that “Where the Cabinet Secretary
is of the opinion that the broadcasting of a particular class would be likely to promote, or
to incite to crime or would tend to undermine the authority of the State, she may by order
direct any person or company to refrain from broadcasting the matter, or any matter of the
particular class, and any such person shall comply with the order. The Cabinet Secretary
Interior issues an order under this Act as follows; “I hereby require that all Television
Companies to refrain at all times from sending any broadcast matters which consist or
includes any words spoken, whether in the course of an interview or discussion or
otherwise, by a person who appears or is heard on the programme in which the matters
is broadcast. Where (a) the person speaking the words represents or purports to represent
a terrorist organization; or (b) the words solicit or invite support for such an organization.
The Kenya Union of Journalists seeks your advice as to whether it could be successful in
an application for a judicial review to challenge this order in advance or any particular
occasion on which a Television Company wished to broadcast some such matter. Advice
the Union. (20 marks)
Q5. In the light of Diceyan Concept of Rule of Law, discuss the role of the Judiciary in upholding
the rule of Law in Kenya. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 23
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CLS 200: CRIMINAL LAW I
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Two friends, Tod and Job broke into Tonny’s house at night with an intention of stealing.
Tod, who could handle a gun carried the gun during the burglary. However, both agreed
that the gun would only be used to scare Tonny but not to hurt him. As they broke the
door, an alarm went off and Tonny confronted them from an inner room.
Startled by Tonny’s surprise appearance Tod shot him on the shoulder fatally injuring him.
A neighbour who heard the alarm called police who arrived just in time to arrest both Tod
and Job.
The police then drove Tonny to a nearby hospital where it was declared that he had lost
too much blood. Tonny was advised to have blood transfusion urgently or die. He declined
arguing that as a Jehova witness, his faith prohibited him from accepting blood transfusion.
He later died of excessive bleeding.
a) As a prosecuting counsel, could you charge Tod with Tonny’s murder? Explain
fully. (20 marks)
b) Explain the basis upon which Job could be found equally liable for Tonny’s death.
(10 marks)
Q2. Explain clearly how ANY TWO of these are a source of criminal law in Kenya.
g) The Constitution (10 marks)
h) The International Law (10 marks)
i) The Penal Code and Other Statutes (10 marks)
Q3. Basil is an eight year old boy with a difficult character. Recently he was arrested for killing
another child by attacking and wounding that child on the neck using a machete. The child
named, OBC, died on the spot.
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a) As a prosecutor, what charges would you prefer against Basil? Explain fully.
(6 marks)
b) Discuss how the court is likely to resolve this matter having regard to Basil’s age
and all material issues around it. (14 marks)
Q4. Discuss any TWO theories of punishment in criminal law. (20 marks)
Q5. Write short explanatory notes on ANY FOUR of the following concepts in criminal law:
g) Incitement (5 marks)
h) Conspiracy (5 marks)
i) The Doctrine of innocent Agency (5 marks)
j) Defence of provocation (5 marks)
k) Oblique intent (5 marks)
l) Rebuttable presumptions (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
SPECIAL EXAMINATION
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 25
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CLS 200: CRIMINAL LAW I
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Two friends, Tod and Job broke into Tonny’s house at night with an intention of stealing.
Tod, who could handle a gun carried the gun during the burglary. However, both agreed
that the gun would only be used to scare Tonny but not to hurt him. As they broke the
door, an alarm went off and Tonny confronted them from an inner room.
Startled by Tonny’s surprise appearance Tod shot him on the shoulder fatally injuring him.
A neighbour who heard the alarm called police who arrived just in time to arrest both Tod
and Job.
The police then drove Tonny to a nearby hospital where it was declared that he had lost
too much blood. Tonny was advised to have blood transfusion urgently or die. He declined
arguing that as a Jehova witness, his faith prohibited him from accepting blood transfusion.
He later died of excessive bleeding.
b) As a prosecuting counsel, could you charge Tod with Tonny’s murder? Explain
fully. (20 marks)
b) Explain the basis upon which Job could be found equally liable for Tonny’s death.
(10 marks)
Q2. Explain clearly how ANY TWO of these are a source of criminal law in Kenya.
j) The Constitution (10 marks)
k) The International Law (10 marks)
l) The Penal Code and Other Statutes (10 marks)
Q3. Basil is an eight year old boy with a difficult character. Recently he was arrested for killing
another child by attacking and wounding that child on the neck using a machete. The child
named, OBC, died on the spot.
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 26
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c) As a prosecutor, what charges would you prefer against Basil? Explain fully.
(6 marks)
d) Discuss how the court is likely to resolve this matter having regard to Basil’s age
and all material issues around it. (14 marks)
Q4. Discuss any TWO theories of punishment in criminal law. (20 marks)
Q5. Write short explanatory notes on ANY FOUR of the following concepts in criminal law:
m) Incitement (5 marks)
n) Conspiracy (5 marks)
o) The Doctrine of innocent Agency (5 marks)
p) Defence of provocation (5 marks)
q) Oblique intent (5 marks)
r) Rebuttable presumptions (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
REGULAR PROGRAMME
CLS 201: CRIMINAL PROCEDURE AND PRACTICE II
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 27
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mr. Jirani Mwema and his wife Tausi live in a quiet neighbourhood outside Rongai Town
in the County of Kajiado. On 12/12/2014 Mr and Mrs Mwema retired to bed at 9p.m. after
switching off all internal lights ensuring that external lights were left on.
At about 10p.m. the Mwema’s two dogs started barking loudly outside. Mr. Mwema
stepped outside to ascertain what the matter was. He saw three strange men inside his
compound fighting his dogs. He decided to retreat but one of the men (Kalulu Juha)
dashed past the dogs and caught up with Mr. Mwema. He forced Mr. Mwema to calm
down the dogs and grant the other two invaders unhindered access to the house or face
grim consequences. Mr. Mwema observed that Kalulu Juha was armed with a pistol, the
second man later identified as Simba Mkali, was armed with a crowbar.
The invaders led Mr. Mwema from room to room and ransacked the entire house while
beating Mr. Mwema and commanding him to give up all the money and other valuables
they had. Mr. Mwema surrendered his Nokia mobile phone, transistor radio and
Ksh.70,000 in cash. Mrs. Mwema also handed to the invaders all her jewellery. The whole
episode lasted about 30 minutes.
When the invaders reached the gate of Mwema’s residence on their way out, they
overheard the Mwema’s next door neighbor, Mr. Rama Faraja making a telephone report
to the police about the invasion. As a way of revenge, the invaders decided to smash Mr.
Rama’s gate lights before escaping.
Immediately afterwards, the Mwemas and the Farajas went and reported the two
incidents at the Rongai Police Station. The police launched an investigation and within
one hour three men answering the description of the invaders were arrested. The invaders
were formally charged.
a) What major offenses did the invaders commit against Mr and Mrs Mwema on one
hand and against Mr. Rama Faraja on the other? (4 marks)
b) Draft the requisite charges. (18 marks)
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c) State the content of the prosecution file. (8 marks)
Q2. a) In his book “Essentials of Criminal Procedure in Kenya” Justice Patrick Kiage
states (p118) that bail may be classified into three. Give and explain the THREE
types of bail. (6 marks)
b) Outline the principles that guide in the grant or denial of bail. (14 marks)
Q3. a) What are Identification Parades, their purpose(s) and legal basis in the criminal
justice system? (10 marks)
b) How should they be conducted in order to be of value to the criminal litigation
process? (10 marks)
Q4. Doj Kiunyu was a private security man guarding Mali Kwa Mali Bank on the outskirts of
Nairobi City. On the night of 24th December 2014, while on duty at the bank, unknown
people armed with crude weapons invaded the bank and sought to gain entry into the
bank by force. Doj tried to resist where upon he was attacked with blows all over the body
leaving him unconscious.
Notwithstanding his injuries Doj still managed to sound the security alarm. By then the
thugs had broken into the bank and escaped with valuables including a safe containing
over Ksh.10M. Doj was arrested and charged with conspiracy to steal and burglary.
Doj is really worried about what would happen when arraigned in court because he does
not understand how the criminal justice system works.
Advise Doj Kiunyu on the salient features of a criminal trial process. (20 marks)
Q5. What factors and/or principles govern sentencing policies in the Republic of Kenya?
(20 marks)
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 29
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
CLS 202: EVIDENCE I
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mercy Myra was arrested by the police in Nairobi West on the complaint that she belonged
to a gang of criminals that have been tormenting the area. She was locked up in an
isolation cell and kept for days without any communication with anyone. The investigating
police officer told her repeatedly that “you better confess or you will rot here.” As if this
was not enough, she was repeatedly assaulted by the police while in the cell. To regain
her freedom, Mercy Myra eventually admitted to belonging to the gang and that she
participated in some criminal activities with gang.
As her defense Attorney what is the evidential value of her confession?
(30 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 30
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Q2. Although any matter of fact the truth of which is submitted to investigation must be proved
or disproved by evidence, however, the court may dispense with the need of proving or
disproving sorry facts. Discuss this statement with particular reference to judicial notice.
(20 marks)
Q3. Write briefly on ANY THREE of the following:
a) Testimonial privilege
b) Spousal privilege
c) Advocates privilege
d) Privilege of court (20 marks)
Q4. Discuss the legal principle underlining the doctrine of estopel and thereafter, outline briefly
the two broad categorization of estopel. (20 marks)
Q5. Write short notes on the following:
a) Presumption of death
b) Presumption of innocence
c) Presumption of paternity
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
SPECIAL EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 31
ISO 9001:2008 Certified by the Kenya Bureau of Standards
EVENING PROGRAMME
CLS 202: EVIDENCE I
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mercy Myra was arrested by the police in Nairobi West on the complaint that she belonged
to a gang of criminals that have been tormenting the area. She was locked up in an
isolation cell and kept for days without any communication with anyone. The investigating
police officer told her repeatedly that “you better confess or you will rot here.” As if this
was not enough, she was repeatedly assaulted by the police while in the cell. To regain
her freedom, Mercy Myra eventually admitted to belonging to the gang and that she
participated in some criminal activities with gang.
As her defense Attorney what is the evidential value of her confession?
(30 marks)
Q2. Although any matter of fact the truth of which is submitted to investigation must be proved
or disproved by evidence, however, the court may dispense with the need of proving or
disproving sorry facts. Discuss this statement with particular reference to judicial notice.
(20 marks)
Q3. Write briefly on ANY THREE of the following:
e) Testimonial privilege
f) Spousal privilege
g) Advocates privilege
h) Privilege of court (20 marks)
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 32
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Q4. Discuss the legal principle underlining the doctrine of estopel and thereafter, outline briefly
the two broad categorization of estopel. (20 marks)
Q5. Write short notes on the following:
d) Presumption of death
e) Presumption of innocence
f) Presumption of paternity
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
CLS 203: CIVIL PROCEDURE I
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 33
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Q1. You have recently been employed by Maji Baridi Advocates as an associate. Your
supervisor asks you to go through a pleading which he feels is worth reviewing and yet it
has been filed and served but pleadings have not been closed. Part of the pleadings reads
as follows:
“….On or about the 4th of December at 4.00 o’clock along Waiyaki Way the
defendant, his agent, servant and on his representative recklessly and in total
disregard to the High Way Code, drove on the wrong side of the road…”
After going through this, and comparing the notes taken during a previous interview with
the client, you not some factual errors as follows:
1) The date was actually on 14th of December and not 4th of December
2) The year was 2014 but has not been indicated on the particular paragraph
3) Instead of using the term ‘wrong’ you decide replacing it with ‘Right’.
Further, after the 1st amendment, you realize that the 3rd order i.e. ‘Right’ is to be preceded
with the word ‘his’ instead of the article ‘the’.
a) Explain in detail provisions which you would use to rectify the anomaly.
(10 marks)
b) Draft the complete and final paragraph to reflect your final corrected paragraph
indication the stage both for 1st and further amendment.
(4 marks)
c) The new rules have tracks. Describe briefly the types of tracks. (4 marks)
d) Give the meaning of pleadings and briefly explain parts of a plaint. What is the
significance of pleadings in civil litigation? (12 marks)
Q2. Case management is a requirement by the current rules and an amendment has been
done to the Act to accommodate it. By way of examples from the CPR, explain the various
provisions that have made it possible. (20 marks)
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Q3. All persons have the right of audience in court despite their shortcomings. Who are these
in terms of capacity to sue and how has the law and the rules made it possible for these
to seek audience in court. (20 marks)
Q4. Litigation is expensive, tedious, takes long to conclude. It is also technical and needs expert
lawyers to guide a client through the process. In your study of the recent changes in the
rules, [you have come across the term Overriding Objectives (O2) (Oxygen) rules]. Give
a critical analysis of the state of affairs pre-2010 CPR and post-2010 CPR. In your opinion,
do you think that there is an improvement?
(20 marks)
Q6. a) What is court supervised arbitration? How would you distinguish this type of
arbitration and that which is provided under the Arbitration Act No.4 of 1995?
(10 marks)
b) Give the difference between appeal and review. (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
SPECIAL EXAMINATION
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 35
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CLS 203: CIVIL PROCEDURE I
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. You have recently been employed by Maji Baridi Advocates as an associate. Your
supervisor asks you to go through a pleading which he feels is worth reviewing and yet it
has been filed and served but pleadings have not been closed. Part of the pleadings reads
as follows:
“….On or about the 4th of December at 4.00 o’clock along Waiyaki Way the
defendant, his agent, servant and on his representative recklessly and in total
disregard to the High Way Code, drove on the wrong side of the road…”
After going through this, and comparing the notes taken during a previous interview with
the client, you not some factual errors as follows:
4) The date was actually on 14th of December and not 4th of December
5) The year was 2014 but has not been indicated on the particular paragraph
6) Instead of using the term ‘wrong’ you decide replacing it with ‘Right’.
Further, after the 1st amendment, you realize that the 3rd order i.e. ‘Right’ is to be preceded
with the word ‘his’ instead of the article ‘the’.
e) Explain in detail provisions which you would use to rectify the anomaly.
(10 marks)
f) Draft the complete and final paragraph to reflect your final corrected paragraph
indication the stage both for 1st and further amendment.
(4 marks)
g) The new rules have tracks. Describe briefly the types of tracks. (4 marks)
h) Give the meaning of pleadings and briefly explain parts of a plaint. What is the
significance of pleadings in civil litigation? (12 marks)
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 36
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Q2. Case management is a requirement by the current rules and an amendment has been
done to the Act to accommodate it. By way of examples from the CPR, explain the various
provisions that have made it possible. (20 marks)
Q3. All persons have the right of audience in court despite their shortcomings. Who are these
in terms of capacity to sue and how has the law and the rules made it possible for these
to seek audience in court. (20 marks)
Q4. Litigation is expensive, tedious, takes long to conclude. It is also technical and needs expert
lawyers to guide a client through the process. In your study of the recent changes in the
rules, [you have come across the term Overriding Objectives (O2) (Oxygen) rules]. Give
a critical analysis of the state of affairs pre-2010 CPR and post-2010 CPR. In your opinion,
do you think that there is an improvement?
(20 marks)
Q6. a) What is court supervised arbitration? How would you distinguish this type of
arbitration and that which is provided under the Arbitration Act No.4 of 1995?
(10 marks)
b) Give the difference between appeal and review. (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 37
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CLS 205: CRIMINAL LAW II
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mary, a married woman, started a love affair with her boss, Mr. Roman. After dating Roman
for a while, Mary realized that Mr. Roman suffered from a mental disease that caused
hallucinations of the two having a fairy-tale wedding. Mary decided to encourage Roman
to imagine a life without her husband. She would send emails to him saying, “Marry me
now, do it.!” Mary understood that Roman’s mental condition made him vulnerable to
manipulations. One day, things came to a head, and Roman shot Mary’s husband as he
stood by the bus stop. On the date of the shooting, Roman had taken a triple dose of
tranquilizers to help him go through with the shooting. After the shooting, a police officer
on patrol passed by the scene, saw the husband lying on the ground, but proceeded to a
nearby cafe to buy his morning coffee. He called in for an ambulance after about 15
minutes, by which time Mary’s husband was dead.
a) Is Roman guilty of murder? (24 marks)
b) Are there any grounds on which Mary would successfully be sued for murder?
(6 marks)
Q2. Lisa and her friend are school children aged 16 years. On a Sunday afternoon, they decide
to stand atop an apartment complex and use a mirror to reflect sunlight onto the vehicles
passing on the freeway below. Unfortunately, one of the drivers is blinded by the reflection
from the mirror and loses control of his vehicle. He crashes and dies.
a) Is Lisa and her friend guilty of any homicide? Explain the reasons for your
conclusion? (10 marks)
b) What impact if any does their age have on criminal liability? (4 marks)
c) Explain the difference between assault and battery. (6 marks)
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 38
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Q3. Lessy and her husband recently separated. Her husband moved out of the apartment they
were living in. After a few weeks he decided to go into the apartment and take back the
diamond ring he had purchased for her on their 5th anniversary. He found that Lessy had
since changed the locks, so he broke in. He ransacked her drawers and retrieved the ring
then left. After driving for a kilometer or so from the house he was overcome by remorse
and decided to return the ring, which he did. When Lessy found out about this, she filed a
police report. Her husband was arrested and charged with theft.
Discuss whether the facts support a charge of theft. Use relevant case law to support your
answer. (20 marks)
Q4. a) What is the difference between felony murder and manslaughter by an unlawful
act? (4 marks)
b) What is the difference between rape and sexual assault? (6 marks)
c) Explain the difference between robbery and robbery with violence.
(6 marks)
d) Under what circumstances can a defendant be guilty of theft, where the property
stolen belongs to the defendant? (4 marks)
Q5. Write short notes on ANY FOUR of the following:
a) The meaning of breaking and entering for the purpose of the crime of burglary.
(5 marks)
b) Manslaughter by negligence (5 marks)
c) The difference between abduction and kidnapping (5 marks)
d) The difference between false pretences and cheating (5 marks)
e) The crime of abortion (5 marks)
*END*
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 39
ISO 9001:2008 Certified by the Kenya Bureau of Standards
8 THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
CLS 206: LAW OF EVIDENCE II
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. The admissibility of evidence generated electronically has posed so much challenge to
the courts as well as advocate. However, now the current Evidence Act CAP 80 Laws of
Kenya has provided sufficient provisions in aid of the admissibility of this class of evidence.
Discuss. (30 marks)
Q2. According to Martin Luther King a man should not be judged by the colour of his skin but
by the content of his character. This statement does not apply in criminal trials especially
as it affects the bad character of the accused. Discuss.
(20 marks)
Q3. Mr. and Mrs. Kiambu Murang’a were married under native law. Following a
misunderstanding Mrs. Murang’a moved out of the matrimonial home and continued to
live apart from her husband. Later Mr. Kiambu Murang’a was involved in a robbery and
was charged in court. The prosecution issued a witness summons compelling Mrs.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 40
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Murang’a to testify against her husband. As the defense advocate, what would be your
line of action in the course of the trial?
(20 marks)
Q4. Discuss the proof of the content of a private document. (20 marks)
Q5. Sections 62 and 63(1) of the Evidence Act expects all facts apart from the contents of
documents to be proved by oral evidence which has to be direct evidence thus excluding
‘hearsay’ evidence. However, under what circumstances would hearsay evidence be
admissible? (20 marks)
*END*
8 THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
SPECIAL EXAMINATION
CLS 206: LAW OF EVIDENCE II
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 41
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Q1. The admissibility of evidence generated electronically has posed so much challenge to
the courts as well as advocate. However, now the current Evidence Act CAP 80 Laws of
Kenya has provided sufficient provisions in aid of the admissibility of this class of evidence.
Discuss. (30 marks)
Q2. According to Martin Luther King a man should not be judged by the colour of his skin but
by the content of his character. This statement does not apply in criminal trials especially
as it affects the bad character of the accused. Discuss.
(20 marks)
Q3. Mr. and Mrs. Kiambu Murang’a were married under native law. Following a
misunderstanding Mrs. Murang’a moved out of the matrimonial home and continued to
live apart from her husband. Later Mr. Kiambu Murang’a was involved in a robbery and
was charged in court. The prosecution issued a witness summons compelling Mrs.
Murang’a to testify against her husband. As the defense advocate, what would be your
line of action in the course of the trial?
(20 marks)
Q4. Discuss the proof of the content of a private document. (20 marks)
Q5. Sections 62 and 63(1) of the Evidence Act expects all facts apart from the contents of
documents to be proved by oral evidence which has to be direct evidence thus excluding
‘hearsay’ evidence. However, under what circumstances would hearsay evidence be
admissible? (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 42
ISO 9001:2008 Certified by the Kenya Bureau of Standards
REGULAR PROGRAMME
CLS 206: LAW OF EVIDENCE II
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. The position in R. V. Hayes (1977) 1 W.L.R which put much weight on a child of tender
years appreciation of telling the truth which comes with oath taking inorder to decide his
competence to stand as a witness appears to have changed in the light of later decisions
of courts and statutory provisions, thus widening the court’s latitude in deciding a child of
tender years competence to stand as a witness. Discuss.
(30 marks)
Q2. Mr. Jerry Mathenge is involved in a litigation with Jerome Namba in respect of a parcel of
land situated in Karen. Mr. Mathenge’s main claim to title is the Title Deed issued and
registered in his name by the Ministry of Land. Regrettably the original copy got burnt in a
fire incident; even though Mr. Mathenge has the photocopy. Kindly advise Mr. Mathenge
on the admissibility or otherwise of the photocopy of the Title Deed.
(20 marks)
Q3. Write brief notes on the following:
a) The place of character evidence in civil proceedings.
b) The legal justification for the exclusion of evidence of bad character in criminal
proceedings.
c) When evidence of bad character of the accused may be given and admitted.
(20 marks)
Q4. To most legal rules there are exceptions and the same applies to the rule against hearsay
evidence. Discuss. (20 marks)
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Q5. Discuss the conditions which must be satisfied before computer-generated evidence will
be deemed as a document and subsequently admitted in evidence.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
REGULAR PROGRAMME
CLS 207: CIVIL PROCEDURE II
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. “A witness is an important constituent in t he administration of justice as s/he performs a
sacred duty of assisting the Court to discover the truth which enables it to decide on the
guilt or otherwise of an accused person in a suit”. In the light of this statement, discuss the
legal provisions relating to the issuance of summonses and attendance of witnesses
enshrined under Order 16 of the Civil Procedure Rules, 2010.
(30 marks)
Q2. A judgment is a significant part of a Court case as it resolves all contested issues and
terminates a lawsuit – Comment. (20 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Q3. With the help of some few landmark judicial decisions, critically examine the legal
provisions pertaining to execution of decrees and orders. (20 marks)
Q4. Elaborate on major provisions relating to filing of appeals as laid down under Part VIII of
the Civil Procedure Act, Cap 21 and Order 42 to 44 of the Civil Procedure Rules, 2010.
(20 marks)
Q5. Write short notes on any two:
i) Origination summons (10 marks)
ii) The key stages in the examination of witnesses (10 marks)
iii) Judicial review of decrees and/or orders (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
REGULAR PROGRAMME
CLS 208: LAW OF EQUITY
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 45
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Q1. With the aid of case-law, explain the meaning of the following concept in the Law of Equity:
a) Bona fide purchaser for value without notice (10 marks)
b) Assignment (10 marks)
c) Laches (10 marks)
Q2. Explain, with aid of case-law, the meaning of the following legal maxim:
“If two equities clash, the first in time will prevail”. (20 marks)
Q3. With aid of case law, distinguish between:
d) Constructive Notice (10 marks)
e) Imputed Notice (10 marks)
Q4. Referring to case-law, give your reasoned opinion whether fraudulent dealings by a
Trustee to a legal estate will negatively affect the rights of the beneficiaries.
(20 marks)
Q5. With aid of case-law, illustrate the meaning of the following maxim of equity:
“Equity follows the law”. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 46
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 209: SALE OF GOODS AND AGENCY
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Michael decided to set up a business with a three-dimensional printer, RDX3 and
wanted to acquire a rare one but he located one and wanted to acquire it. He
entered into an agreement with Lesley under which Lesley agreed to buy the
machine from the manufacturers and to lease it to Michael for ten years, which
was its expected working life. Lesley bought the machine but decided to sell it to
Peter, who now has possession of it. Michael also sold one of his two dimensional
printers, an RDX2, to Jim and delivered it to him on the basis that Jim would hold
the machine on trust for Michael until he paid for it. Jim has subsequently sold the
RDX2 also to Peter. Michael agreed to buy 100 gallons of plastic polymer to use
in the RDX3 from Oliech. The polymer was stored in a warehouse belonging to
Brenda and Oliech told Brenda to hold it for Michael instructions. Peter persuaded
Brenda to release the polymer to him and now he has possession of it.
Oliech, Brenda, Lesley and Peter are all solvent and Michael wants to know
whether he can recover the RDX2, RDX3 and the polymer from Peter.
Advice Michael. (20 marks)
b) Using illustrative case law, distinguish between a sale and an agreement to sell.
(10 marks)
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Q2. “It is unjust to force a relationship of agency on parties who do not wish for such a
relationship to arise. Accordingly, in order for a relationship of agency to arise, the consent
of both parties should always be present.”
Critically evaluate the above mentioned statement. (20 marks)
Q3. “The legal rules relating to a third party liability to an undisclosed principal lacks a
sufficiently clear justification and as a result, the law in that area is confused and lacks
fairness”.
Discuss the validity of this statement. (20 marks)
Q4. a) Using statutory provisions discuss the implied conditions and warranties that apply
in a sale of goods contract. (10 marks)
e) Discuss the remedies of the unpaid seller. (10 marks)
Q5. Using illustrative case law and statutory provisions, make short notes on:
a) C.I.F contracts
f) Ex works
g) Caveat emptor
h) Del credere Agents (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 48
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
SPECIAL EXAMINATION
CLS 209: SALE OF GOODS AND AGENCY
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Michael decided to set up a business with a three-dimensional printer, RDX3 and
wanted to acquire a rare one but he located one and wanted to acquire it. He
entered into an agreement with Lesley under which Lesley agreed to buy the
machine from the manufacturers and to lease it to Michael for ten years, which
was its expected working life. Lesley bought the machine but decided to sell it to
Peter, who now has possession of it. Michael also sold one of his two dimensional
printers, an RDX2, to Jim and delivered it to him on the basis that Jim would hold
the machine on trust for Michael until he paid for it. Jim has subsequently sold the
RDX2 also to Peter. Michael agreed to buy 100 gallons of plastic polymer to use
in the RDX3 from Oliech. The polymer was stored in a warehouse belonging to
Brenda and Oliech told Brenda to hold it for Michael instructions. Peter persuaded
Brenda to release the polymer to him and now he has possession of it.
Oliech, Brenda, Lesley and Peter are all solvent and Michael wants to know
whether he can recover the RDX2, RDX3 and the polymer from Peter.
Advice Michael. (20 marks)
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b) Using illustrative case law, distinguish between a sale and an agreement to sell.
(10 marks)
Q2. “It is unjust to force a relationship of agency on parties who do not wish for such a
relationship to arise. Accordingly, in order for a relationship of agency to arise, the consent
of both parties should always be present.”
Critically evaluate the above mentioned statement. (20 marks)
Q3. “The legal rules relating to a third party liability to an undisclosed principal lacks a
sufficiently clear justification and as a result, the law in that area is confused and lacks
fairness”.
Discuss the validity of this statement. (20 marks)
Q4. a) Using statutory provisions discuss the implied conditions and warranties that apply
in a sale of goods contract. (10 marks)
f) Discuss the remedies of the unpaid seller. (10 marks)
Q5. Using illustrative case law and statutory provisions, make short notes on:
a) C.I.F contracts
i) Ex works
j) Caveat emptor
k) Del credere Agents (20 marks)
*END*
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 209: SALE OF GOODS AND AGENCY LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Comcorp is conductiong research on its competitors; it instructs an agent to purchase
products manufactured by TechBuild Ltd, one of Comcorps major competitors. The agent
is told not to inform TechBuild that he is acting on behalf of ComCorp, and to purchase
the goods on his own account, and then ComCorp will reimburse him. The agent enters
into a contract of sale with TechBuild but, through the agent’s carelessness, he divulges
that he is acting on behalf of ComCorp. TechBuild refused to sell ComCorp the goods and
ComCorp refused to pay the agent for his services.
a) Is there a binding contract between ComCorp and TechBuild? (20 marks)
b) Is ComCorp required to pay the agent? (10 marks)
Q2. Section 28 of the Sale of Goods Act imposes on the seller a duty to deliver the goods.
Critically evaluate this duty. (20 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 51
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Q3. “In the development of our law, two principles have striven for mastery. The first is for the
protection of property. No one can give a better title than he himself possesses. The
second is for the protection of commercial transactions: the person who takes in good faith
and for value without notice should get a good title. The first principle has held sway for a
long time, but it has been modified by the common law itself and by statute so as to meet
the needs of our own times.
Discuss this statement with relevance to the Sale of Goods Law. (20 marks)
Q4. Millie is an agent acting on behalf of ComCorp on a fixed-term contract. However, upon
expiration of the contract period, Millie continues to purport to act on behalf of ComCorp,
including entering into a number of contracts purportedly on ComCorp’s behalf. Discuss:
-
a) Whether or not the authority of the agent and the agency agreement have
effectively terminated. (10 marks)
And
b) If termination has occurred, when did it occur and what will be the likely effects of
termination? (10 marks)
Q5. Write explanatory notes on the following: -
a) Duties of a buyer in sale of goods (5 marks)
b) Rights of an unpaid seller (5 marks)
c) Perfect Tender Rule (5 marks)
d) An agreement to sell and a sale (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 52
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 210: BANKRUPTCY AND COMMERCIAL SECURITIES
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Discuss the following;
i) Debtor’s petition (5 marks)
ii) Creditor’s petition (5 marks)
iii) Public Examination of the Debtor (5 marks)
b) In the light of Paul Ngei vs Official Receiver (1982) KLR case, discuss the
various ramifications of the procedure in bankruptcy proceedings.
(15 marks)
Q2. Explain the various Acts of Bankruptcy. Use judicial decisions to support your answer.
(20 marks)
Q3. a) What is meant by ‘discharge of a Bankrupt’? What are the effects of such a
discharge? (10 marks)
b) Define Bailment. What are its essentials? Discuss the rights and
responsibilities of a bailee. (10 marks)
Q4. Discus the various Bankruptcy offences and the consequences of committing such
offences. (20 marks)
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Q5. What is a Hire Purchase Agreement? Explain the various requirements for a valid Hire
Purchase Agreement. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
CLS 211: CO-OPERATIVES AND PARTNERSHIPS LAW
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Define a co-operative society and discuss the categories of co-operative societies
that can be registered under the Co-operative Societies Act (Cap 490) Laws of
Kenya. (20 marks)
b) In your opinion, of the many modes of settlement of disputes available to cooperative
societies, which is the most effective and why? (10 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Q2. Trace the historical evolution of co-operative societies in Kenya, highlighting key factors
that catalyzed the growth of co-operative sector. (20 marks)
Q3. Co-operatives around the world generally operate according to the same core principles
and values adopted by the Co-operative Alliance in 1995. Which are these principles and
how do they influence “co-operative societies agenda” in Kenya?
(20 marks)
Q4. Define the term ‘partnership’ and explain any FOUR characteristics of partnerships as
provided for in the Partnership Act (Cap 29) Laws of Kenya.
(20 marks)
Q5. a) You and four other classmates of yours get into a business venture, where each
one has contributed same capital, others have contributed to the labour and skills
required to run the business. However, due to some serious misunderstanding,
you now want to dissolve your ‘business group’. An issue has arisen. While some
members believe that this was a ‘partnership’, others say it was a ‘private
company’. Advise your friends as to the criteria for determining whether your
business group is a partnership or otherwise.
(15 marks)
b) When can a partnership be dissolved voluntarily? (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
SPECIAL EXAMINATION
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 55
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
CLS 211: CO-OPERATIVES AND PARTNERSHIPS LAW
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Define a co-operative society and discuss the categories of co-operative societies
that can be registered under the Co-operative Societies Act (Cap 490) Laws of
Kenya. (20 marks)
b) In your opinion, of the many modes of settlement of disputes available to cooperative
societies, which is the most effective and why? (10 marks)
Q2. Trace the historical evolution of co-operative societies in Kenya, highlighting key factors
that catalyzed the growth of co-operative sector. (20 marks)
Q3. Co-operatives around the world generally operate according to the same core principles
and values adopted by the Co-operative Alliance in 1995. Which are these principles and
how do they influence “co-operative societies agenda” in Kenya?
(20 marks)
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Q4. Define the term ‘partnership’ and explain any FOUR characteristics of partnerships as
provided for in the Partnership Act (Cap 29) Laws of Kenya.
(20 marks)
Q5. a) You and four other classmates of yours get into a business venture, where each
one has contributed same capital, others have contributed to the labour and skills
required to run the business. However, due to some serious misunderstanding,
you now want to dissolve your ‘business group’. An issue has arisen. While some
members believe that this was a ‘partnership’, others say it was a ‘private
company’. Advise your friends as to the criteria for determining whether your
business group is a partnership or otherwise.
(15 marks)
b) When can a partnership be dissolved voluntarily? (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 211: CO-OPERATIVES AND PARTNERSHIPS LAW
Date: July 2015 Duration: 2 Hours
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 57
ISO 9001:2008 Certified by the Kenya Bureau of Standards
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Wakili Afrika is a group of current law students at CUEA who are interested in transforming
their members into a cooperative society with branches in Burundi, Kenya, Nigeria,
Rwanda, Tanzania, South Sudan and Uganda.
a) Discuss the registration process for Wakili Afrika under the Cooperatives Societies
Act (Cap. 490) Laws of Kenya.
b) Discuss the registration process applicable with any other nation listed above.
(30 marks)
Q2. Discuss ANY FOUR areas of future cooperative development in Kenya as per the Vision
2030 speech by Hon. Adan Mohammed (Cabinet Secretary) dated 13th July 2013.
(20 marks)
Q3. Discuss ANY TWO of the following cases and concepts:
a) John Ouma Richard Nyamai vs The Cooperative Tribunal and 3 others (2013)
eKLR
b) Rochdale Equittable Pioneer Society (1844)
c) Mburu Kimani vs Kanyeki FCS (2009) eKLR
d) Real Madrid/Bayern Munich
e) Muka Mukuu FCS vs Commissioner of Cooperatives (2004) eKLR
f) Lumbwa Cooperative Society (1908)
g) Wilson K. Mbanya vs Inoi FCS (2008) eKLR
h) FOSA Savings and Credit Societies in Kenya
i) Wambua Makau vs Lukenya Ranching FCS (2004) eKLR
j) Kenya Rural Saccos Union (KERUSSU)
(20 marks)
Q4. Discuss TWO differences and TWO similarities between general partnerships and limited
partnerships as per the law applicable in Kenya. (20 marks)
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Q5. Discuss ANY TWO of the following cases and principles:
a) Sirma vs Kiprono (2005) I KLR 197
b) Nterekeiya Bus Services vs Republic of Kenya (1966) ALR Comm 452
c) French vs Edyvean (1934) I EACA 94
d) Liability of partners
e) Ostensible (managing) partners
f) Voluntary dissolution of partnerships
g) Muhiri vs Kiru (1969) EA 232
h) Rescission of partnerships
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 300: LAND LAW I
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 59
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Q1. Ms. Landie Ouna is the registered proprietor of a freehold parcel of land in the Kenyan
town of Naivasha. The Kenyan Government has embarked on a railway line expansion
and development project commonly referred to as the “Standard Gauge Railway Project”.
Ms. Ouna’s land is situated on the path of this planned expansion of the railway line.
a) Set out the provisions of Kenyan Law that provides protection to Ms. Landie Ouna
in light of the Standard Gauge Railway Project. (10 marks)
b) Enumerate the salient features of Kenyan law that would enable the Kenyan
Government achieve its objective under the Standard Gauge Railway Project
without having to divert the intended path, pointing out as well as the salient
features of the legal process to enable this.
(20 marks)
Q2. Two maxims of law set the platform for the definition of the term “land” under Kenyan law.
Express and explain these two maxims, and consider the extent of their application in
Kenya. (20 marks)
Q3. Enumerate the covenants and conditions that are implied in a lease unless it is otherwise
expressly provided in the lease instrument (agreement) itself.
(20 marks)
Q4. Setting out its salient features, analyze whether or not the Land Registration Act, 2012 of
Kenya contains all the key features of a good registration system.
(20 marks)
Q5. Elucidate the elements that comprise good title and by extension security of tenure.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 60
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 301: JURISPRUDENCE
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Societies are shaped by the choices that its members make. For it is widely agreed that
those choices have consequences. The Kenyan society has made a number of those
choices, ensuring that the Kenyan people reap from a half a century of self-governance,
depending on what you believe to be true, some have called this 50 years of misrule.
c) Analyzing the Kenyan judicial system in this period, what are the schools of
jurisprudence that can be deciphered form the Kenyan bench?
(20 marks)
d) Considering the Kenyan political system would you say that it adheres to the social
contract theory or the Marxist philosophy on governance?
(10 marks)
Q2. Briefly explain what is meant by the law as ‘a command of the sovereign’ and law ‘as a
means to an end”? (20 marks)
Q3. Focusing on the American and the Scandinavian Philosophers, what is legal realism?
(20 marks)
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Q4. Christianity played a big role in the development of the philosophy of law. It still plays a big
role in what laws are promulgated. Illustrate. (20 marks)
Q5. Make short notes on: -
a) H. L. A. Hart’s primary and secondary rules (6 marks)
b) Utilitarianism (6 marks)
c) Normative Content of Law (4 marks)
d) Importance of jurisprudence (4 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 302: COMPANY LAW
Date: July 2015 Duration: 2 Hours
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 62
ISO 9001:2008 Certified by the Kenya Bureau of Standards
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) In relation to registered companies, explain and distinguish between:
i) Unlimited companies (2 marks)
ii) Companies limited by guarantee (2 marks)
iii) Companies limited by shares (2 marks)
b) Using decided cases explain the following in relation to the formation of a
company:
i) The role and duties of promoters and how they are regulated
(5 marks)
ii) The pre-incorporation contract and its legal consequences
(5 marks)
c) In relation to a company’s share capital explain the following types of capital:
i) Uncalled capital (2 marks)
ii) Reserve capital (2 marks)
iii) Redemption capital fund (2 marks)
iv) Paid-up capital (2 marks)
v) Authorized capital (2 marks)
d) Explain the meaning of debentures in company law. (4 marks)
Q2. a) In relation to the rules governing the payment of company dividends explain:
i) How dividends may be properly funded: (4 marks)
ii) The rules which apply to public limited companies (3 marks)
iii) The consequences of any dividend being paid in breach of those rules.
(3 marks)
b) MC Knight is a performer, who had earlier in his career entered into a contract with
Amedo Studios Ltd to manage his entertainment career. He went on to produce
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various hits and received royalties for his productions. The copyright for the work
was owned by Amedo Studios through an assignment of rights by MC Knight.
MC Knight now feels that he wants to get out of the contract with Amedo. However,
a non-compete clause in the contract stated that M C Knight cannot use the wellknown
dance routine and unique bass sound repertoire that he perfected in his
works under Amedo as it part of the copyright assigned to the company. He forms
a company, Shami Producers Ltd, under which a performer hired under contract
mimics MC Knight’s whole style. The record sales have never been higher!
Amedo Studios Ltd is aggrieved by MC Knight’s actions. In your advice explain the
recourse Amedo would have to such actions. (10 marks)
Q3. a) In reference to the above facts in (2b) thememorandum of association of Shami
Producers Ltd explicitly mentioned that the company would only deal with the
works it had copyrights over. The articles of association indicated that the
shareholders had to pass a special resolution to allow for any sale of copyright to
another company.
Indo Smoke International Inc. a company based in Arusha, Tanzania has been
interested in the fast rising career of MC Knight and are well aware of all
controversies befalling MC Knight. However, they are interested in buying the
rights of productions produced under Shami and make a bid for these. After a
down-payment of Kshs.75,000,000 to Shami Producers Ltd, the latter is wound-up
under the order of a court in a petition instituted by Amedo Studios. Indo-Smoke
International Inc. wants to recover the paid- over downpayment.
Explain the options the liquidators of Shami Producers would have against an
action by Indo-Smoke International. (10 marks)
b) Describe the following in relation to the liability of a company to a third party who
undertakes to engage with the company:
i) Doctrine of ultra vires; (3 marks)
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ii) Doctrine of constructive notice; (3 marks)
iii) The Rule in Turquand’s case (4 marks)
Q4. Fina Co. Ltd took out debentures totaling KShs.18.8M to fund its expansion into markets in
the COMESA region. In this regard it took out charges as follows:
i) On 16 March 2014, a floating charge on the company general assets for a loan of
KShs.2M;
ii) On 4 April 2014, a fixed charge on the retail shops it owned for a loan of
KShs.1.5M;
iii) On 16th April 2014, a floating charge secured over the book debts of the company
adding a clause: “no fixed charge on this asset shall take priority over it”. The loan
was for KShs.1.8M;
iv) On 29th April 2014, a further loan of KShs.3.5M secured by an equitable charge
over the property on which a block of flats stood;
v) On 6 May 2014 a loan of KShs.7M through a fixed charge over the property in (iv)
above;
vi) Finally, on 16 May 2014 is secured a fixed charge over the book debts and realized
a loan of KShs.3M. The chargee had notice of a previous charge on the book
debts.
Fina Co. Ltd’s ambitious expansion was informed by its successes in Kenya. The
expansion failed to realize the desired results and Fina Co. Ltd has become
insolvent.
Required:
a) Describe the meaning of:
i) Fixed charge (2 marks)
ii) Floating charge (2 marks)
b) List FOUR circumstances that would lead to the crystallization of a floating charge.
(4 marks)
c) Explain the priority the above charges would take upon liquidation.
(12 marks)
Q5. a) Explain the rationale running through the legislation, with case law, prohibiting
financial assistance. (5 marks)
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b) Explain THREE exceptions to the prohibition of the financial assistance by a public
company. (5 marks)
c) Muna is a member of the board of directors of Wananchi Limited a public trading
company that deals with real estate developments. He is also a majority
shareholder in Homz Ltd, a private limited company which undertakes
consultancies on home investments. He is also the managing director at
Alternative Building Materials (ABM) Ltd which offers financing to people willing to
use prefabricated material to build their homes. From his consultancy business,
Muna learns that the government will be injecting a Kshs.6billion loan to Xfam Ltd,
a company that ABM Ltd is in partnership with, which produces prefabs.
Dominic is Muna’s co-director at Wananchi Ltd and they regularly play golf at
Mazuri Club, where they are members.
In a round of golf, Muna divulged to Dominic, the details of which he had learnt,
telling him that the announcement was to be made in a week’s time.
That evening, Dominic contacted his stock broker Monica, who upon instructions
from Dominic bought Kshs. 2million worth of shares in Xfam Ltd. Monica, who
smells a good deal in the offing, puts up ten portfolios under her in Xfam based
solely on her gut feeling.
a) Explain insider trading. (2 marks)
b) Discuss the liability of each party for insider trading. (8 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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FACULTY OF LAW
REGULAR PROGRAMME
CLS 303: PUBLIC INTERNATIONAL LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) The Republic of Eraton and the Republic of Nanzia are two sovereign states. They
have entered into a bilateral treaty concerning the fishing, agriculture and security
of Gingo Island situated on Lake Tori which is shared by both Eraton and Nanzia.
In December 2013 Gingo Island is fully submerged by Lake Tori. In December
2014 part of the Island resurfaces (with the biggest part believed to be on Nanzia
territory). Also in December 2014, the Nanzian President loses elections and is
replaced by another leader who has always criticized the current President of
Eraton. The new leader insists Eraton performs its obligations under the treaty
despite the difficulties. He proceeds to deploy the Nanzian army onto the Island.
As a result Eraton severs diplomatic ties with Nanzia.
The Cabinet Secretary for Foreign Affairs of Eraton seeks to have this treaty
terminated and request your advice on grounds for termination.
(15 marks)
b) “Public International Law covers relations between states in all their myriad forms,
from war to satellites and regulates the operations of many international
institutions.”
Malcon Shaw, International Law,
6th Edition (Cambridge) at p.2
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Considering the importance of International Law; and that the world has neither an
“international government” nor a “parliament.” What are the sources of International Law
that the international community refers to? (15 marks)
Q2. “The subjects of law in any given system are not necessarily identical in their nature or
extent of rights, and their nature depends upon the needs of the community.”
ICJ in the Reparation for injuries suffered in the
Service of the United Nations Advisory Opinion
decision of April 11, 1949 at p.178 (ICJ Reports)
In a precise and concise manner; discuss who in your opinion are the subjects of
International law. (20 marks)
Q3. In May 2015, Eraton a sovereign state was attacked by Asis; a militant group considered
to be a terrorist organization by Eraton.. The Asis attacked a military barracks inside
Eraton borders causing the death of two Eraton army officials. In previous years Asis has
lodged several attacks on Eraton causing the death of about 247 citizens.
The Asis group is based in Pamalia which neighbours Eraton in the East. Following this
last attack, Eraton conducts several air strikes on Pamalia targeting villages believed to
be harbouring Asis fighters. 2000 civilians and Asis fighters have been killed by these
strikes.
In June 2015 Eraton conducts more strikes on 5 villages in Pamalia is what it terms
premptive measures against any future attacks. Eraton furthermore arms and equips Bolla
fighters another militant group in Pamalia whose mission is to overthrow the Pamalian
government; and destroy all rival groups including Asis. Eraton believes that Bolla will
destroy Asis and rid her of the Asis problem.
Pamalia has described Eraton’s actions as unlawful use of armed force under International
Law and has implored the United Nations Security Council to take measures against
Eraton.
a) Do you agree with Pamalia’s allegations? (13 marks)
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b) Briefly present the function and authority of the United Nations Security Council.
You must employ examples in this discussion. (7 marks)
Q4. International law permits states to exercise jurisdiction upon a number of grounds. Discuss
how international does this under the following principles.
a) Territoriality principle (5 marks)
b) Passive personality principle (5 marks)
c) Nationality principle (5 marks)
d) Universal jurisdiction (5 marks)
Q5. “Modern international law has its origins in the Europe of the sixteenth and seventeenth
centuries.”
D. J. Harris, Cases and Materials on
International Law 5th Ed. Sweet & Maxwell
(1997) at pp15-16
Is this a true assertion of the history and development of International Law?
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 304: LAND LAW II
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Joseph a private proprietor has been approached by the County Government of Kajiado
who have the intentions of leasing his property on periodic terms of five years. He has
approached the firm of A. B & Co. Advocates to draft the lease agreement for him.
a) Discuss the essentials of what would be entailed in the lease agreement making
reference to decided cases. (10 marks)
b) What implied conditions would be included in the lease on the part of both parties?
(20 marks)
Q2. Discuss the powers of the court to reopen a charge. (20 marks)
Q3. Purity charged her property based in Karen to NIC Bank for KShs.50,000,000/=. She has
been undergoing financial distress causing her to default in payment over six months.
Under Sec. 90(1) of the Land Act where default in payment has continued for one month,
the charge may issue statutory notice.
As the Bankers Advocates draw such notice to the charger which must comply with the
provisions of Sec 90(2) of the Land Act. (20 marks)
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Q4. Discuss the chargees remedies set out under Sec 90(3) of the Land Act citing relevant case
law. (20 marks)
Q5. Write short notes on the following:-
e) Fofeiture (5 marks)
f) Surrender (5 marks)
g) Causes of land disputes (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
CLS 305: FAMILY LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Q1. Marsha went to study in Canada. While in Canada she met Jeff, who is a Canadian citizen.
They began living together in a rented apartment in Toronto. Jeff would pay rent while
Marsha took care of utilities and food. When Marsha’s mother learnt that her daughter was
living with a foreigner she tried to dissuade her form marrying him because she was afraid
Marsha would never return home.
After living together for four years they decide to move in together in Kenya. Jeff bought a
house in Milimani. Marsha sold some shares that she held at a multi-national corporation
and put in the money into the house purchase. The house was registered in Jeff’s name.
Shortly after, they decided to solemnize their relationship. Jeff was not keen in getting
married but Marsha prevailed upon him to do so because she did not want to be a “kept”
woman. Jeff also felt compelled to go through a marriage ceremony because Marsha was
now pregnant by him.
After a few years Marsha suffered recurrent episodes of a mental disease and Jeff decided
to move out of their home, citing the stress caused by Marsha’s illness and constant
arguments between the two.
Jeff now wants to file for divorce. Advice him on the relevant law relating to:
a) Whether the marriage is legal. (6 marks)
b) What are the grounds for divorce? (8 marks)
c) What is the law in relation to marital property? (10 marks)
d) Whether he can get custody of the child. (6 marks)
Q2. Discuss the grounds upon which a marriage can be annulled, supporting your answer with
relevant case law and statutory provisions. (20 marks)
Q3. Critically discuss the characteristics of a valid marriage citing case law, and constitutional
provisions and statutes. (20 marks)
Q4. What is an agreement to marry and what are the remedies for breach of an agreement to
marry? (20 marks)
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Q5. Outline in detail the rules relating to protection of children under Kenya’s family law system.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
SPECIAL EXAMINATION
CLS 305: FAMILY LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Marsha went to study in Canada. While in Canada she met Jeff, who is a Canadian citizen.
They began living together in a rented apartment in Toronto. Jeff would pay rent while
Marsha took care of utilities and food. When Marsha’s mother learnt that her daughter was
living with a foreigner she tried to dissuade her form marrying him because she was afraid
Marsha would never return home.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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After living together for four years they decide to move in together in Kenya. Jeff bought a
house in Milimani. Marsha sold some shares that she held at a multi-national corporation
and put in the money into the house purchase. The house was registered in Jeff’s name.
Shortly after, they decided to solemnize their relationship. Jeff was not keen in getting
married but Marsha prevailed upon him to do so because she did not want to be a “kept”
woman. Jeff also felt compelled to go through a marriage ceremony because Marsha was
now pregnant by him.
After a few years Marsha suffered recurrent episodes of a mental disease and Jeff decided
to move out of their home, citing the stress caused by Marsha’s illness and constant
arguments between the two.
Jeff now wants to file for divorce. Advice him on the relevant law relating to:
e) Whether the marriage is legal. (6 marks)
f) What are the grounds for divorce? (8 marks)
g) What is the law in relation to marital property? (10 marks)
h) Whether he can get custody of the child. (6 marks)
Q2. Discuss the grounds upon which a marriage can be annulled, supporting your answer with
relevant case law and statutory provisions. (20 marks)
Q3. Critically discuss the characteristics of a valid marriage citing case law, and constitutional
provisions and statutes. (20 marks)
Q4. What is an agreement to marry and what are the remedies for breach of an agreement to
marry? (20 marks)
Q5. Outline in detail the rules relating to protection of children under Kenya’s family law system.
(20 marks)
*END*
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 305: FAMILY LAW
Date: July 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. The Marriage Act, 2014, is the culmination of a long journey in Family Law reform
and reflects the aspirations of the Kenyan people. In repealing the previously
existing statutes on marriage law, how does the Marriage Act, 2014:-
a) Harmonize marriage law in regard to the various systems of marriage in Kenya?
(5 marks)
b) Minimize the complexity, unpredictability and inefficiency occasioned by the
hitherto multiplicity of marriage laws? (10 marks)
c) Afford parties liberty to contract civil, religious, or customary marriages?
(7 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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d) Reflect the coming of age and attainment of legislative autonomy of the Kenyan
Legislature in Family Law? (8 marks)
Q2. When solemnizing marriage between two of your classmates, Victoria and Hillary on
Valentine’s Day in Missio Hall, Rev. Fr. Dr. Charles Kyallo, the University Chaplain made
the following remarks; ‘’Marriage is not like buying a cow to ensure a constant supply of
milk. It is a sacred union between a man and a woman in the bond of holy matrimony as
was sanctioned by God himself in the Garden of Eden. Marriage is regulated by the law
of the land. It has legal, moral, ethical, religious and social implications and cannot
therefore be entered into carelessly or without much thought. It is what you lawyers call a
suis generis contract…..’’
Discuss the suis generis nature of a marriage contract in the context of essentials of a
valid marriage, citing relevant constitutional provisions, statutes, case law, and customary
law practices. (20 marks)
Q3. In January 2013, your friend Aisha met and fell in love with Jeff an employee of a United
Nations agency domiciled in Nairobi, Kenya. In August 2013, Aisha who runs a successful
taxi business in Gigiri, Nairobi, Kenya, moved in with Jeff. They began living together in a
rental apartment in Closeburn Estate. While at Closeburn, Jeff would pay rent while Aisha
took care of utilities and food.
When Jeff and Aisha moved in together, Aisha’s parents, who are Shiite Moslem tried to
dissuade Aisha from committing such a terrible “haram” with an infidel. They even tried to
have Jeff arrested but since he has diplomatic immunity, there is not much they could do.
In November 2013, Jeff took a loan from his employer and bought a town house in Rosslyn
Estate, into which they both moved. To help him out, Aisha sold two of her taxi cabs and
put the money into the house purchase. The title to the house is in Jeff’s name.
Jeff has recently been diagnosed with advanced cancer of the colon and has to be flown
back home to the UK for specialized treatment among family and friends. The British High
Commission has denied Aisha a visa to enable her accompany Jeff to the UK. Aisha is
distraught because she does not know whether or not Jeff will pull through. She is worried
about the possibility of a future without Jeff especially as she lost many of her friends when
she moved in with him without going through a “proper marriage.” To add to this confusion,
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Aisha is two months pregnant with Jeff’s child but has not told him yet. She comes to you
for help.
What would you advise Aisha to do in order to secure her Rosslyn home and the
future of her unborn child? (20 marks)
Q4. Section 6 (3) of Kenya’s Matrimonial Property Act, 2013, provides that the parties to an
intended marriage may enter into a pre-nuptial agreement to determine their property
rights.
a) What is a pre-nuptial agreement? (2 marks)
b) What are the elements of a valid pre-nuptial agreement? (10 marks)
c) Citing relevant constitutional and statutory provisions, case law and practice,
articulate some of the ills that a pre-nuptial agreement seeks to cure in a subsisting
marriage; divorce; and subsequent division of property
(8 marks)
Q5. In most African cultures, children are born and nurtured within a conventional family that
comprises of a father and mother(s), siblings and close members of the family. However,
although the recently enacted Marriage Act, 2014, makes no mention of these marriages,
there are circumstances under which parties enter into special types of marriages that do
not fall under the banner of “conventional marriages,’’ but are, nonetheless, allowed under
African Customary Law.
a) Discuss THREE of these special types of marriage and how they impact the rights
of children born in these unions. (15 marks)
b) Do these marriages have a future? Explain your answer (5 marks)
*END*
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 307: BANKING LAW AND NEGOTIABLE INSTRUMENTS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Ann and Ben set up a partnership in 2012. Ann secured machines paid for with her
own money. Ben later promised to refund half the price and wrote two bills of
exchange payable to Ann. Before the date of maturity of the bills, Ben discovered
that Ann had mismanaged the partnership and some money could not be
accounted for. She then ordered the drawee not to pay the bills.
Advice Ann. (10 marks)
b) Chali an accountant for a well known company made out cheques to certain
customers of the company. He then persuaded David to sign the cheques even
though no money was infact owing on them. Chali then forged the customers’
signatures and discounted the instruments with Eliud. Eliud obtained payment from
his bank.
Advice David. (10 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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c) Faz stole a cheque leaf from Gaz. He then drew it for a sum of Ksh.500,000/= and
passed it through his Bank, Haki Bank who obtained payment from Haza Bankthe
Bank where Faz had an account. Haki Bank credited Faz’s account and Faz
later withdrew the money. Gaz has discovered the theft and has sued Haki Bank.
Advice Haki Bank. (10 marks)
Q2. A holder in due course of an instrument is not affected by equities between the initial
parties. Discuss. (10 marks)
Q3. A cheque is a mandate from a customer to his bank to pay according to customers order.
Examine the mode which a customer’s mandate may take and the consequences of the
bank’s failure to observe the mandate. (20 marks)
Q4. Critically examine the institutional organization and the objectives of the Deposit
Protection Fund. (20 marks)
Q5. A bank’s duty of confidentiality on the customers dealings is not absolute. Discuss.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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CLS 308: CONSUMER PROTECTION LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. The rise of consumerism in the 20th century coupled with the multiplication of products and
services in the market has led to increase problems for consumers with regard to the
quality of goods and services and their prices and general availability. The choice for the
consumer is made difficult due to the range of available options and aggressive
advertisements for each type of goods and services. Some goods and services call for
expertise may not be available to all consumers. There is therefore a need for legal
mechanism to regulate consumer products and services.
In view of the above explain how, and in what ways the consumer bearing in mind the
most contentious sections of the Consumer Protection Act. (30 marks)
Q2. a) Under the Consumer Protection Act the civil society will be expected to play a major
and important role in the protection of consumer rights. How is the civil society
expected to achieve this? (10 marks)
b) In what ways would you advise consumers to be pro-active in protection of their
rights? (10 marks)
Q3. The Kenya Bureau of Standards plays a major and very crucial role in ensuring that the
consumer is well protected from sub-standard goods manufactured locally and also
imported from abroad. Outline the role of the Kenya Bureau of Standards in this and the
challenges it faces. (20 marks)
Q4. In consumer protection law both the seller and the buyer have obligations and duties
towards each other. What are these obligations and duties and what are the
consequences of breaking them. (20 marks)
Q5. a) Write short notes on Auction Sales. (10 marks)
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b) The Consumer Protection Act now empowers the Cabinet Secretary to appoint an
Advisory Committee. What are the roles and functions of this committee?
(10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
EVENING PROGRAMME
CLS 310: LABOUR LAWS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. In 1990 Dr. Kimani Wangombe a renowned Agriculturist together with his two sons
Mwangi and Wakaba registered a company which was called Kimani Wangombe and sons
Agricultural Distributors Limited to import and supply pesticides mainly to large commercial
farms in Naivasha and Kericho areas of the country. This business was quite successful.
The company opened two branches in Kericho and Naivasha besides its headquarters in
Nairobi. By 2000, the company had employed 100 employees many of them being
marketers in Naivasha and Kericho.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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In the year 2010 Dr. Kimani Wangombe bought a farm in Naivasha area that was involved
in growing flowers for export. The farm was registered under the name Naivasha
Demonstration Company Ltd. It employed twenty workers.
On 1st May 2015 a number of employees in Naivasha area attended a May Day rally that
was addressed by many political leaders, Labour Officer and Trade Union officials that
sensitized employees on the dangers of chemicals in flower farms and urged workers to
join the Plantation Workers Union to protect them from that danger.
On 2nd May 2015 virtually all workers employed by Kimani Wangombe and Sons
Agricultural Distributors Ltd joined the Plantation Workers Union and demanded
recognition. The management of the company rejected the Union’s demands for
recognition.
The Union is determined to gain recognition from the company. It is contemplating taking
action against Kimani Wangombe and Sons Agricultural Distributors Ltd including calling
for a strike. You are a legal expert. Advise the Union on the legal rights and obligations of
all the parties. (30 marks)
Q2. Discuss the process of termination of employment at the initiative of the employer through
redundancy. (20 marks)
Q3. Discuss the structures, powers and functions of:
a) “The Labour Administration and Inspection (10 marks)
b) The Employment and Labour Relations Court” (10 marks)
Q4. The Industrial Relations Charter provides, inter alia, as follows: -
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a) The Government shall ensure speedy settlement of disputes at all stages
b) The Government will as a matter of policy promote Industrial Trade Unions
Discuss the validity of the above statement in the face of the Constitution of Kenya 2010,
the Labour Relations Act 2007 and the current status of unionization in Kenya.
(20 marks)
Q5. With assistance of concrete examples, discuss in detail ways and means in which an
employee’s wages and or salaries are protected in law. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
REGULAR PROGRAMME
CLS 310: LABOUR LAWS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. John Muturi and Patrick Maina were employed by Mecco Industries Ltd with effect
from 1st January 2000 and 1st September 2010 respectively initially as casual employees.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Both worked as Machine operators and were paid daily the wages stipulated under the
Regulation of Wages General Order as amended from time to time.
On 18th November 2014, during the night some six computers were reported stolen and
both Muturi and Maina were suspected by the Management of Mecco Industries Ltd to
have been involved in the theft since save for security personnel that guarded the gate to
the company premises, they were the only persons who were on the premises. Both Muturi
and Maina were dismissed on 19th November 2014. When dismissing them with loss of all
benefits, the Managing Director remarked that “it is obvious they were the thieves and it
was upon them to prove that they were innocent”.
Muturi and Maina appealed against their dismissals but the Management rejected the
appeal. They then reported the matter to the union who approached the Management to
reinstate the two dismissed employees. Alternatively the Union demanded the following:
a) Six months notice
b) Leave for all the years they had worked
c) Service pay for years worked
d) Damages for loss of employment until retirement
e) Any other relief that could restore their dignity
The Management rejected all the demands of the Union. The Union is now contemplating
legal action against Mecco Industries Ltd for wrongful dismissal and failure to pay Muturi
and Maina, the terminal benefits as outlined above. You are a legal expert, advice the
Union on the following: -
a) The process that the Union may take to obtain justice for Muturi and Maina
b) Whether the dismissals were justified or not/and what relief will be available to the
Trade Union and both Muturi and Maina if any.
Support your advice by concrete evidence and the law. (30 marks)
Q2. With the assistance of the Employment Act, 2007and ILO Conventions discuss the general
principles relating to non-discrimination and sexual harassment in employment.
(20 marks)
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Q3. With the Assistance of Industrial Relations Charter and the Labour Relations Act 2007
discuss the process of recognition of Trade Unions by employers for Collective Bargaining
purposes. (20 marks)
Q4. Write short explanatory notes on the following institutions: -
c) The National Labour Board (10 marks)
d) The Wages Councils (10 marks)
Q5. “The right to strike is a human right explicitly inscribed in the Kenya Constitution and the
ILO Conventions which the Government has ratified” Simon Sang, General Secretary of
Dock Workers Union, The Standard, 8th July 2015.
With the Assistance of the Labour Relations Act, and any other authority discuss the
validity of the above quotation clearly stating how the right to strike is exercised
constitutionally in Kenya. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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CLS 311: REVENUE AND TAXATION LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Even if it is accepted that the state has an inherent power to tax, there must be a sufficient
connection between the state and the tax payer to justify the later’s liability. Discuss.
(30 marks)
Q2. An ideal tax system should adhere as closely as possible to certain criteria or standards
of fairness. Critically examine these criteria. (20 marks)
Q3. There is no equity about tax. Nothing is to be read in, nothing is to be implied. One can
only look fairly at the language used – Cape Brandy Syndicate V IRC 1921 – Per Rowat
J.
i) Examine this statement in the light of the principles of interpretation of tax
legislation. (10 marks)
ii) To what extent if at all do the rules of interpretation inadvertently promote
tax avoidance? (10 marks)
Q4. Income tax ix charged on all the income of a person whether resident or nonresident which
accrues or is derived from Kenya. However, the term ‘income’ is given a restricted
meaning in income tax law. Discuss. (20 marks)
Q5. Provide a critical evaluation of the administration of the Value Added Tax and the avenues
for appeals available for a disgruntled tax payer. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 312: INFORMATION TECHNOLOGY AND THE LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. “These are our things, these are our things, these are our fundamentals.”
An off the cuff statement made by the Chief Justice at the delivery
of the Supreme Court ruling on the Digital Migration Case.
e) What were the issues of appeal raised before the Supreme Court? What were the
findings by the Supreme Court? (15 marks)
f) If the three media houses were to have lodged their complaint at the
Communications and Multi-Media Appeals Tribunal, briefly highlight the dispute
resolution process before the tribunal. (15 marks)
Q2. The National Information and Communications Technology (ICT) Policy, 2006 is the bench
mark upon which the government has based its development of the ICT sector. What are
the salient provisions on information, technology, broadcasting and telecommunications?
(20 marks)
Q3. Cyber security has become an issue of great concern in Kenya recently. From the Draft
Cybercrime and Computer-related Crimes Bill 2014, which are the offences against the
confidentiality and availability of computer data and systems?
(20 marks)
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Q4. How has the development of cyber law affected the Law of Evidence and Intellectual
Property Law? (20 marks)
Q5. Make short notes on:-
h) Election of members of Board of the Authority (6 marks)
i) Registration of subscribers (4 marks)
j) Anti-competitive trade practices (6 marks)
k) Public Broad casting Services (4 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 314: INSURANCE LAW
Date: July 2015 Duration: 2 Hours
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Wachuka runs a warehousing business, where she rents out space to business people to
keep commodities for sale in the retail market. She buys a policy of insurance to cover her
against fire, burglary and theft. The policy covers both the building (which she owns) and
goods stored in it. One day a fire started at the kitchen area and the smoke set off the
overhead sprinklers. The sprinklers ran for far too long than necessary, due to negligent
workmanship. This caused floods in the warehouse. She kept the proceeds, after making
a claim, stating that she had suffered total loss.
a) Explain in critical detail all the factors/principles of insurance that will be of
relevance to the insurer, in determining its ability to indemnify.
(20 marks)
b) For this question only, assume that while filling the proposal form Wachuka had
failed to disclose that she has in the past been convicted of petty theft. The
information was sought by the insurer. The proposal form contains a “basis of
contract clause”. What are the legal implications of non-disclosure?
(10 marks)
Q2. a) Explain the meaning of the principle of subrogation with the help of relevant case
law. (10 marks)
b) With the help of case law, explain the principle of double insurance.
(10 marks)
Q3. Lucy owned a studio apartment in town. She transferred the apartment to her son. She
also handed over to him the policy document that was a cover against loss form fire and
theft for the apartment and its contents.
a) Explain the rules relation to the forms of the assignments reflected in the facts,
using relevant case law. (15 marks)
b) In case a fire destroys some of the contents in the apartment, explain the relevance
of the principle of reinstatement, and how it would apply.
(5 marks)
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Q4. With the use of case law, critically discuss the law relation to:
a) Terms descriptive of terms (10 marks)
b) The consequences of misrepresentation in insurance contracts.
(10 marks)
Q5. Write short notes on ANY FOUR of the following.
a) The relevance of the contra proferentum rule in insurance contracts.
(5 marks)
b) Legal implications of under-insurance (5 marks)
c) Grounds for return of premiums (5 marks)
d) The difference between co-insurance and composite insurance
(5 marks)
e) The continuing duty of disclosure (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 90
ISO 9001:2008 Certified by the Kenya Bureau of Standards
REGULAR PROGRAMME
CLS 314: INSURANCE LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Vinya insured her restaurant and its contents against loss by fire, theft, burglary. One day,
a disgruntled worker intentionally started a fire in the restaurant’s kitchen. However, due
to the negligent manner in which the sprinklers had been installed, they ran for far too long
causing further and serious damage. The interior of the restaurant was under water for a
few days. The policy required that notice be given within 15 calendar days of the
occurrence covered event. Because Vinya had travelled abroad, she did not give notice
until after the 20th calendar day. In the policy, Vinya had stated that professionally-trained
cooks would work for her. The disgruntled employee had been a relative with no
professional experience. At the time of making the claim Vinya stated that all her property
in the restaurant had been destroyed while in fact, she had managed to salvage a few
expensive paintings.
With the help of relevant case law, discuss the factors that will be of relevance to the
insurance company in determining the liability to indemnify. (30 marks)
Q2. a) With the help of relevant case law discuss the rules relating to causation under an
insurance policy. (10 marks)
b) Explain the concept of insurable interest in critical detail. (10 marks)
Q3. A father gave his vintage automobile to his son as a gift. He also gave the policy document
to him and told him the car was his from then on.
a) Explain the rules relation to the forms of assignments reflected in the facts.
Illustrate your answer using case law. (15 marks)
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b) Assuming, that before an accident, the son, takes out two policies with different
insurance contracts, where the sum insured is an amount equivalent to the market
value of the vehicle, what would be the consequences and why?
(5 marks)
Q4. With the help of relevant case law, explain the following:
a) Warranties (10 marks)
b) Terms descriptive of risks (10 marks)
Q5. Write short notes on ANY FOUR of the following:
l) The difference between co-insurance and composite insurance.
(5 marks)
m) Grounds for return of premiums (5 marks)
n) Legal implications of under-insurance (5 marks)
o) The difference between indemnity and non-indemnity insurance contract
(5 marks)
p) Principle of reinstatement (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 92
ISO 9001:2008 Certified by the Kenya Bureau of Standards
FACULT Y OF LAW
EVENING PROGRAMME
CLS 316: RESEARCH METHODS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. It is claimed that there does not exist a uniform theory of legal reasoning. Different models
of interpretation have however been offered though they have had far-reaching differences
on how the process is understood. What models of explanations do you think in fact justify
the claim for a uniform theory of legal reasoning during legal research?
(30 marks)
Q2. What moral issues should inform a study whose subject are human beings?
(20 marks)
Q3. What values are lost, if any, if plain English is used in legal writing?
(20 marks)
Q4. What distinguishes legal research from sociological or anthropological research?
(20 marks)
Q5. Does the use of foreign law countermand the value of certainty and the rule of law?
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 93
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MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
REGULAR PROGRAMME
CLS 316: RESEARCH METHODS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. It is never an easy task to elucidate methodological aspects related to legal reasoning.
What methodological shifts of practical significance pose as a primary challenge for
lawyers and judges in the discharge of their mandates?
(30 marks)
Q2. In legal writing, claims of plagiarism have more profound consequences than claims of
violation of copyright. Highlight the distinctions between the two claims and explain why
citation cures claims of plagiarism but not of copyright infringement.
(20 marks)
Q3. What values are lost when legal maxims and arcane phrases are employed in legal
writing? (20 marks)
Q4. What distinguishes an academic writing from writing for educational purposes?
(20 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Q5. What is the importance of assessing the strengths and weaknesses of available literature
when drafting a proposal? (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 317: GENDER AND THE LAW
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. The Constitution of Kenya 2010 has been described as an excellent tool of law
reform, which does not only create an environment that allows more inclusive
state-society relations, but has enshrined realization of social justice, especially for
women, through an expanded Bill of Rights that can be enforced by court rulings;
and by prescribing a range of institutional reforms to enable greater accountability.
[Will the Constitution of Kenya 2010 Work for Women and Children? Domingo P.,
et al, UNICEF Project Briefing, Overseas Development Institute, London, UK,
2011].
Enumerate the specific gains for women enshrined in the Constitution of Kenya 2010 and
enabling statues, case law and policy, and explain how these gains impact a woman’s:
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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a) Political life (10 marks)
b) Family life (8 marks)
c) Economic life (5 marks)
d) Social life (4 marks)
e) Cultural life (3 marks)
Q2. Although the Constitution of Kenya 2010 does not condone discrimination, it nonetheless
provides for affirmative action. [The Constitution of Kenya, 2010; An Introductory
Commentary , PLO Lumumba and Luis Franceschi, Strathmore University Press, Nairobi,
Kenya, 2014].
a) What is affirmative action in the context of gender discrimination?
(5 marks)
b) Citing relevant constitutional and statutory provisions, case law and policy, what
THREE imperatives must affirmative action comply with for it to meet requisite
constitutional, legislative and policy threshold? (15 marks)
Q3. Your client, Hon. Kamau MacOnyango, Member of Parliament for Tabubika Constituency
wishes to abandon the Raia Bila Mipaka Democratic Party (RBMDP) on whose ticket he
won his Parliamentary seat in 2013, to form a new political party, Wanaume Musilale Bado
Mapambano People’s Party (WMBMPP). The key pillars of the proposed WMBMPP’s
Manifesto is empowerment of men and restoration of their lost glory by:
i) Locking out women by denying them party membership;
ii) Putting in place strategies that will ensure that the “river goes back to its course,”
where as ordained by God and traditions of men, women must only be seen but
not heard; and
iii) Insulating WMBMPP from interference by “busybody” watchdogs particularly intergovernmental/
governmental authorities and civil society activists.
Citing relevant constitutional and statutory provisions, case law, policy and practice,
advise Hon. MacOnyango on his chances of success or lack of it in registering his
proposed party. (20 marks)
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Q4. The World Health Organization (WHO) has declared maternal mortality, maternal
morbidity and female genital circumcision “a serious threat to a woman’s life’’ and
“disablers that impact men negatively”. [The State of the World’s Health, 2013 WHO
Report].
i) How do the THREE disablers affect men? (2 marks)
ii) How do they affect women? (6 marks)
iii) What are some of the legislative and human rights approaches which have
been employed at international and municipal levels to address these
threats? (12 marks)
Q5. The right to reproductive self determination inheres to both women and men, and is
predicated upon the principles of bodily integrity, personal and reproductive integrity.
In your country/cultural context how is enjoyment of the right to reproductive self
determination affected by the government, religion, law and men? (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 97
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CLS 400: CONVEYANCING LAW AND PRACTICE
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Discuss the responsibilities of an advocate in relation to conveyancing practice
generally. (10 marks)
b) Explain the legal framework in respect of Land Transactions which were obtained
in Kenya prior to 2012. (10 marks)
c) Discuss the essentials of a Lease. (10 marks)
Q2. Mr. Ouma has approached you with instructions to act for him in transactions where he is
planning a parcel of land which he owns within Nairobi County. Prepare a Draft Sale
Agreement. (20 marks)
Q3. a) Discuss the main stages in a Conveyancing transaction. (10 marks)
b) What is the essence of investigation of title in a conveyancing transaction?
(10 marks)
Q4. Explain the relationship between Conveyancing and ANY FOUR of the following branches
of law.
a) Conveyancing and the Law of Contract (5 marks)
b) Conveyancing and the Law of equity (5 marks)
c) Conveyancing and Land Law (5 marks)
d) Conveyancing and Law of succession (5 marks)
e) Conveyancing and Company Law (5 marks)
Q5. Explain the following terms as used in Conveyancing Law and practice.
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a) Power of Attorney (4 marks)
b) Professional Undertaking (4 marks)
c) Controlled Land Transactions (4 marks)
d) Chargee’s Remedies (4 marks)
e) Consents for Land Transactions (4 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
SPECIAL EXAMINATION
CLS 400: CONVEYANCING LAW AND PRACTICE
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Discuss the responsibilities of an advocate in relation to conveyancing practice
generally. (10 marks)
b) Explain the legal framework in respect of Land Transactions which were obtained
in Kenya prior to 2012. (10 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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ISO 9001:2008 Certified by the Kenya Bureau of Standards
d) Discuss the essentials of a Lease. (10 marks)
Q2. Mr. Ouma has approached you with instructions to act for him in transactions where he is
planning a parcel of land which he owns within Nairobi County. Prepare a Draft Sale
Agreement. (20 marks)
Q3. a) Discuss the main stages in a Conveyancing transaction. (10 marks)
b) What is the essence of investigation of title in a conveyancing transaction?
(10 marks)
Q4. Explain the relationship between Conveyancing and ANY FOUR of the following branches
of law.
f) Conveyancing and the Law of Contract (5 marks)
g) Conveyancing and the Law of equity (5 marks)
h) Conveyancing and Land Law (5 marks)
i) Conveyancing and Law of succession (5 marks)
j) Conveyancing and Company Law (5 marks)
Q5. Explain the following terms as used in Conveyancing Law and practice.
f) Power of Attorney (4 marks)
g) Professional Undertaking (4 marks)
h) Controlled Land Transactions (4 marks)
i) Chargee’s Remedies (4 marks)
j) Consents for Land Transactions (4 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 100
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 400: CONVEYANCING LAW AND PRACTICE
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mr. Kibet has just come back from an overseas assignment where he was a consultant
with the UN for 10 years. He has been advised the best way to invest his money is by
purchase of property for sale at a later date at a profit. He approaches you to explain to
him the various stages if he was to exercise due diligence on a property he has identified
to buy within Kajiado County in a fast developing area. Advice.
(30 marks)
Q2. Write short notes on the following:
a) Inhibition (6 marks)
b) Caution (7 marks)
c) Restriction (7 marks)
Q3. No instrument executed by any person as an agent for any other person shall be accepted
by the Registrar unless the person executing it was authorized in that behalf by a power
of Attorney executed and verified in accordance with Sec 45 of the LRA. Draw a sample
general power of attorney. (20 marks)
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Q4. Explain the processes involved in the passing of land, lease or charge from one party to
another by an act of the parties and not operation of the law as provided by the Kenyan
Land Registration Act, 2012. (20 marks)
Q5. Discuss the various ways in which the landlord may enforce breach by tenant.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 401: PROFFESSIONAL ETHICS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. “The legal profession plays an important role in the administration of justice. Without the
assistance of the advocates, it would be a superhuman task for the judges to come up
with satisfactory judgments.”
Anonymous
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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You have been invited by the Kenya School of Law to present a paper to the students
undertaking the Advocates Training Programme. Guided by the above statement,
enumerate/discuss the importance of the legal profession, the scope of legal ethics and
generally the duties/role of an advocate. Cite relevant statutes and case law.
(30 marks)
Q2. The Advocates (Marketing and Advertising) rules 2014 prohibit Advocates from directly or
indirectly applying for or seeking instructions for professional business, or permitting/doing
in the carrying on of their practice anything which can be regarded as calculated to attract
business unfairly. Discuss the extent to which advertisement is or is not allowed within the
legal profession. (20 marks)
Q3. A complaint against an advocate of professional misconduct, which expression includes
disgraceful or dishonorable conduct incompatible with the status of an advocate may be
made by any person. Discuss avenues/mechanisms of addressing such complaints.
(20 marks)
Q4. Write short notes on the following:
a) Contempt of Court (10 marks)
b) Bench/Bar relationship (10 marks)
Q5. Talking about Ethics and the lawyer in Kenya, the late Chief Justice C B Meden had this
to say: -
The lawyer’s duty to his community or National development is higher than that of
the ordinary citizen because of his training and specialized knowledge. A higher
requirement of integrity and personal discipline is demanded of a lawyer. He has
to rise above some severest tasks and temptations…..
Analyze what amounts to professional misconduct in the legal profession in the spirit of
the above quote. (20 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 401: PROFFESSIONAL ETHICS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Isaac made the following statement in Incorporated Law Institute of New South Wales-v-
R D Meargher (1909) & CLR 655 at 681 which is important in understanding the role of
the lawyer in society:
“there is therefore a serious responsibility at the court - a duty to itself, to the rest
of the profession, to its suitors, and to the whole of the community to be careful not
to credit any person as a worthy by public confidence who cannot satisfactorily
establish his right to that credential”.
Discuss. (30 marks)
Q2. All work ordinarily incidental to a transaction, in the case if a conveyance; transfer or
mortgage is charged according to scale charges provided by the Advocates Remuneration
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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ISO 9001:2008 Certified by the Kenya Bureau of Standards
order. Discuss briefly what may or may not be included in this charges.
(20 marks)
Q3. James has just been admitted to the bar but knows little about the professional conduct
and etiquette governing Advocates in Kenya. He approaches you as a senior counsel for
advice. Elaborate to him what the professional conduct and etiquette governing the legal
profession as issued by the Law Society of Kenya as at the year 2000.
(20 marks)
Q4. The legal profession plays an important role in the Administration of Justice. The lawyers
are considered to be the centre of Administration of Justice. Discuss.
(20 marks)
Q5. Sec 81 of the Advocates Act empowers the Council of the Society with the approval of the
Chief justice to make rules with regard to the professional practice, conduct and discipline
of advocates et al. Making reference to CAP 16(A), discuss the importance and provisions
of atleast three such rules.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
MAY – JULY 2015 TRIMESTER
FACULT Y OF LAW
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 105
ISO 9001:2008 Certified by the Kenya Bureau of Standards
REGULAR PROGRAMME
CLS 401: PROFESSIONAL ETHICS
Date: July 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Advocate Jimmy Kareem an advocate of the High Court of Kenya filed a Notice of Appeal
on behalf of the appellant. He proceeded thereon to file the grounds of appeal and the
Appellant’s Brief. When the appeal was ripe for hearing, it was noticed that Advocate
Jimmy Kareem did not have a valid practicing certificate. What then is the fate of the
appeal and what fate awaits the advocate for carrying on practice without a valid practicing
certificate. (30 marks)
Q2. Much issue is made of the advocate’s duties to his client yet the advocate owes as much
important duties to the court as well as to his professional colleagues. Discuss.
(20 marks)
Q3. Discuss the roles of the bodies listed below in the admission, training and enrolment of
advocates in Kenya.
f) Council of Legal Education
g) Kenya School of Law
h) Law Society of Kenya (20 marks)
Q4. Trace the history of the legal profession in Kenya and its role in the enthronement of
democratic rule in Kenya. (20 marks)
Q5. Every workman is entitled to his wages; be that as it may, the advocate in charging his
client is bound by regulations and other considerations inorder for his charges not to be
condemned as harsh and unconscionable, exorbitant or unreasonable. Discuss.
(20 marks)
*END*
CUEA/ACD/EXM/ MAY - JULY 2015/LAW Page 106
ISO 9001:2008 Certified by the Kenya Bureau of Standards
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