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Customary Law Cat 1 Question Paper

Customary Law Cat 1

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2017

KENYATTA UNIVERSITY SCHOOL OF LAW
CAT 1
CUSTOMARY LAW

DATE 17TH FEB 2017

INSTRUCTIONS:
1. Answer both questions.
2. Time for doing the CAT is 1 Hour
3. Write neatly and legibly.
4. Your answer sheet must bear your name and student registration number

QUESTION 1
Examine the general attributes of customary law and explain the characteristics of African customary law. (15 Marks)

QUESTION 2
Almasi, hailing from Bungoma married Eunice, a lady coming from Ahero in Kisumu under traditional rites of the Bukusu people. They were blessed with three female children and a boy before Almasi started to drink heavily. He would come home and assault his children and abuse his wife until she could take it no more. She vistied her parents, who called Almasi's parents to address the issue. Before the two families could talk to Almasi, however, he suddenly died from inexplicable causes, leaving all the children, except the first born girl as minors. Almasi had also been given a parcel of land by his family in which he had constructed and was living with his family.

The two families are arguing on what law should be applied to determine the rights of the deceased's children and property. Whereas, Almasi's parents want the matter to be decided under customary law. Eunice's parents are insisting that statutory law is most appropriate in this case. They come to you for legal advice.

Explain to them how customary law is understood under the English law that was received in Kenya and the relevance of customary law in the current legal system in Kenya so as to help them understand the possibility of its application to this dispute. (15 Marks)

Customary Law Cat 1 Question Paper

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