The constitution of Kenya is the supreme law of the land and prevails over all other laws. Its
supremacy as a source of law is manifested in the following ways:
(i) Validating norm: All other laws derive their validity from the constitution.
(ii) Proclaims supremacy: Section 3 of the Constitution is emphatic that it is
the supreme law and any other law inconsistent with it is void to the extent of the
inconsistency.
(iii) Organs of government: the constitution creates the principal offices and organs
of government that is, the legislative, executive and the judiciary, office of the Attorney
General, Auditor General, commissioner of police, the electoral commission and
the public service commission.
(iv) Special amendment procedure: under the provision of the constitution a
Bill seeking to amend the constitution must be supported by not less than 65% of all
members excluding the ex-officio members during the second and third readings.
(v) Fundamental rights and freedoms: chapter five of the constitution guaranteesthe
fundamental rights and freedoms of the individual. Under section 84 (1) of the
constitution a person whose right or freedom has been, is being or likely to be?
violated has Locus Standi to seek judicial redress.
maurice.mutuku answered the question on May 3, 2018 at 06:15
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In what circumstances may a party challenge an arbitral award in the High Court?
(Solved)
In what circumstances may a party challenge an arbitral award in the High Court?
Date posted:
May 3, 2018
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Answers (1)
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Define the term “a cheque”
(Solved)
Define the term “a cheque”
Date posted:
May 3, 2018
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Answers (1)
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Discuss the contractual capacity of Corporations.
(Solved)
Discuss the contractual capacity of Corporations.
Date posted:
May 3, 2018
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Answers (1)
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Discuss the contractual capacity of undischarged bankrupts.
(Solved)
Discuss the contractual capacity of undischarged bankrupts.
Date posted:
May 3, 2018
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Answers (1)
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Discuss the contractual capacity of persons of unsound mind.
(Solved)
Discuss the contractual capacity of persons of unsound mind.
Date posted:
May 3, 2018
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Answers (1)
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Discuss the statutory Provisions governing occupiers liability in Kenya.
(Solved)
Discuss the statutory Provisions governing occupiers liability in Kenya.
Date posted:
May 3, 2018
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Answers (1)
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In relation to partnership law write explanatory notes on admission of a new partner.
(Solved)
In relation to partnership law write explanatory notes on admission of a new partner.
Date posted:
May 3, 2018
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Answers (1)
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In relation to partnership law write explanatory notes on Incapacities of an assignee Partner.
(Solved)
In relation to partnership law write explanatory notes on Incapacities of an assignee Partner.
Date posted:
May 2, 2018
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Answers (1)
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In relation to partnership law write explanatory notes on the Expulsion of a partner.
(Solved)
In relation to partnership law write explanatory notes on the Expulsion of a partner.
Date posted:
May 2, 2018
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Answers (1)
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Shah, in response to an inquiry by Onyango regarding the possible sale of his
(Shah's) car, wrote to Onyango stating, “I have decided to sell to...
(Solved)
Shah, in response to an inquiry by Onyango regarding the possible sale of his
(Shah's) car, wrote to Onyango stating, “I have decided to sell to you my car for
$5,000. If I hear nothing from you before next Sunday, I will take it that you have
accepted. “Onyango considered the price to be too high and decided to look for another
car but forgot to reply to Shah's letter. Shah is now threatening to sue Onyango for
breach of contract.
Advise Onyango.
Date posted:
May 2, 2018
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Answers (1)
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In what circumstance will a contract be vitiated by common mistake?
(Solved)
In what circumstance will a contract be vitiated by common mistake?
Date posted:
May 2, 2018
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Answers (1)
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Distinguish between principal and subsidiary sources of law.
(Solved)
Distinguish between principal and subsidiary sources of law.
Date posted:
May 2, 2018
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Answers (1)
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What to you understand by the phrase “Source of law”?
(Solved)
What to you understand by the phrase “Source of law”?
Date posted:
May 2, 2018
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Answers (1)
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State the circumstances in which the guarantor will be discharged.
(Solved)
State the circumstances in which the guarantor will be discharged.
Date posted:
May 2, 2018
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Answers (1)
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Distinguish between a contract of guarantee and a contract of indemnity.
(Solved)
Distinguish between a contract of guarantee and a contract of indemnity.
Date posted:
May 2, 2018
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Answers (1)
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Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his
secretary, to fill in a certain amount and to X?s name as payee....
(Solved)
Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his
secretary, to fill in a certain amount and to X‟s name as payee. Atieno filled in a
large amount made the cheque payble to Nairobi Harambee Secondary School and gave
it to her brother to take it to the school in order to pay the outstanding school fees. The
Nairobi Harambee secondary school cashed the cheque in good faith. Onyango wants to
know his rights, if any, against the school. Advice onyango.
Date posted:
May 2, 2018
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Answers (1)
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Examine the circumstances in which a banker has no authority to honour a cheque drawn
on him.
(Solved)
Examine the circumstances in which a banker has no authority to honour a cheque drawn
on him.
Date posted:
May 2, 2018
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Answers (1)
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Explain how an unpaid seller may lose the right of lien and stoppage in transitu.
(Solved)
Explain how an unpaid seller may lose the right of lien and stoppage in transitu.
Date posted:
May 2, 2018
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Answers (1)
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Explain the advantages of administrative tribunals over courts of law.
(Solved)
Explain the advantages of administrative tribunals over courts of law.
Date posted:
May 2, 2018
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Answers (1)
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Courts of law are not the only means by which disputes may be resolved.
Administrative tribunals have been held to be alternatives to the courts of...
(Solved)
Courts of law are not the only means by which disputes may be resolved.
Administrative tribunals have been held to be alternatives to the courts of law in the
dispensation of justice.
In light of the above statement:
What do you understand by administrative tribunals?
Date posted:
May 2, 2018
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Answers (1)