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Family Law Question Paper

Family Law

Course:

Institution: Kenyatta University question papers

Exam Year:2012

KENYATTA UNIVERSITY
UNIVERSITY EXAMINATION 2012/2013
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
LPL 202: FAMILY LAW
DATE: Monday 17th December 2012 TIME: 12:00 noon - 2:00 p.m

INSTRUCTIONS:
1) Answer question ONE and any other TWO questions.
2) You will be penalized for failing to answer question one.
3) Support your answer with relevant case law, statutes and any other relevant references.
4) Write neatly and legibly.
5) Your answer sheet must bear your student registration number.

QUESTION ONE
"The existence of the African Christian Marriage and Divorce Act in our statutes must be deprecated by this court just like in the later decisions cited herein. It serves no useful purpose in Kenya today. It is unconstitutional and its very existence is nothing more than an enhancement and maintenance of the colonial mentality and status quo of racial segregation." Justice J.R Karanja in MJBM V VLMNG KISUMU HCDC 12 of 2008 2009 eKLR.
a) Examine this quote noting to discuss the different regimes of law under which marriage can be conducted in Kenya. (10 marks)
b) What are the difficulties that arise from having this multiplicity of marriage laws? (10 marks)
c) Discuss the law reform proposals envisaged in the marriage bill 2012.

QUESTION TWO:
a. Critically examine the different ways in which Kenyan courts over the years divided matrimonial property upon dissolution of marriage noting to use case law to support your answer. (10 marks)
b. Analyze recent and proposed changes in the law of matrimonial property as seen provisions of the land act (2012) the land registration act (2012) and the matrimonial property bill (2012) (10 marks)

QUESTION THREE:
"..Law is capable of evolving in the light of changing social, economic and cultural developments. Marriage... is in modern times regarded as a partnership of equals and no longer one in which the wife must be the subservient chattel of the husband..." Lord Keith in R v R [1992] 1 AC.
Discuss this quote in light of:-
a. Rights and obligations in customary and in statutory marriages. (15 marks)
b. The Constitution of Kenya 2010. (5 marks)

QUESTION FOUR:
Distinguish between Divorce and nullification of marriage noting to discuss the different grounds that must be proved before a court can grant either order. (20 marks)

QUESTION FIVE:
Write brief explanatory notes on ANY FOUR of the following :-
a) Sham marriages (5 marks)
b) Legal status of "come we stay" relationships ( 5 marks)
c) Requisite ceremonies in the solemnization of Hindu marriages. (5 marks)
d) The main factors considered in recognition of foreign marriages. (5 marks)
e) Legal status of children born outside marriage. (5 marks)

Family Law Question Paper

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