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Cls 101:Legal Systems. Question Paper

Cls 101:Legal Systems.

Course:Bachelor Of Laws

Institution: Catholic University Of Eastern Africa question papers

Exam Year:2011

Date: July 2011.
Duration:2 Hours.

INSTRUCTIONS:Answer Question ONE and any other TWO Questions.

Q1.The City Council of Matata has grabbed the headlines again.On 21st June 2011,the Matata tribune captured the activities of the council vividly as follows:

"Parking fees for women motorists hiked from Kshs.100 to Kshs.200".A number of Matata city councilors have since distanced themselves from the parking fees increase.One such councilor,speaking to the Matata Tribune on conditions of anonymity stated that the parking fees hike was unilaterally declared by the Mayor who is said to have held inconclusive consultations with the Matata City Council Town Clerk at the councilors'' last bonding trip to Ukunda County Resort."Matata Women Caucus" has urgently convened and approached you for advice and quick action.

a).With the help of decided cases, critically examine the possibility of "Matata Women Caucus" successfully challenging the said hike in a court of lae.(15 Marks)

b).Identify the court in which the challenge can be lodged and what procedure is to be followed if that hike was announced by the City Council of Ugunja in Kenya.(4 Marks)

c).Are there advantages of Matata City Council making such regulations as oppose to parliament?(3 Marks)

d).Identify three(3) reasons why it is disadvantageous for Matata City Council making such regulations.(3 Marks)

e).What remedies are avalilable to "Matata Women Caucus" pursuant to the cause of action in (a) above?(5 marks)

Q2.In reference to the constitution of Kenya 2010, write brief but comprehensive notes on any TWO (2) of the following:
a).The legislature and Separation of Powers.(10 marks)
b).Executive powers and functions.(10 marks)
c).County Governments.(10 marks)
d).Procedure for passage of Bills by Parliament.(10 Marks)

Q3.Critically examine the doctrine of judicial precedent and distinguish it from the practice upheld in civil jurisdictions.(20 marks)

Q4.Discuss the circumstances under which the following are applicable as sources of law in Kenya:
a).African customary law; and
b).Islamic law.

Q5.Briefly outlinevand discuss FOUR (4) classifications.(20 marks)

Cls 101:Legal Systems. Question Paper

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