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Cls 100: Principles Of Torts Question Paper
Cls 100: Principles Of Torts
Course:Bachelor Of Laws
Institution: Catholic University Of Eastern Africa question papers
Exam Year:2015
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST – DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 100: PRINCIPLES OF TORTS
Date: DECEMBER 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Mr. Wanyama and Joan of Wakenya Company had negotiated for the sale
of land that was adjacent to the company’s land. Negotiations failed
due to the exorbitant price demanded by Mr. Wanyama. Mr Wanyama with
a view to forcing Wakenya to buy the land at whatever price, decided to sink
shafts on his land which interfered with the water channels into Wakeya’s
reservoir with the result that the corporation (Wakenya) lost a lot of water
discolored. Joan decided to investigate the cause of the diminished water
flow and the discoloration. She then discovered the mischief by Wanyama.
She is looking for a lawyer to assist the corporation and approaches you for
advice.
Advice the corporation on the nature and extent of remedies available
against Mr. Wanyama. (20 marks)
b) Describe the types of damages available under the Law of Torts.
(10 marks
Q2. a) Outline the different types of torts. (6 marks)
b) Describe the ingredients of any TWO of the torts described above.
(14 marks)
Q3. a) Examine the principle laid down in Ashby Vs White (1703) and Constantine
vs imperial Hotels (year) (12 marks)
P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
E-mail:academics@cuea.edu
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b) Discuss the legal capacity of the following to claim under tort.
i) Lunatics
ii) Children (8 marks)
Q4. In Donohue v Stevenson (1932) and Rylands vs Fletcher (1868) both Lord
Atkinson and the Exchequer Chamber respectively developed certain tests
applicable in determining the degree of liability in negligence. Discuss the tests
so developed. (20 marks)
Q5. Write explanatory notes on the following
a) Conversion (5 marks)
b) Occupier (3 marks)
c) Mistake (4 marks)
d) Volenti non fit injuria (8 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 100: PRINCIPLES OF TORT LAW
Date: December 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. a) Rosemary was a learner driver, taking lessons from a friend Haraka. Mr. Haraka
checked Rosemary’s insurance and saw that it covered her passengers before he
agreed to go out with her.
In one of the lessons, Rosemary turned a bend. Mr Haraka instructed her to
straighten the steering wheel but she panicked and failed the wheel. She
approached a pavement along Uhuru Highway Nairobi. Mr. Haraka grabbed the
hand brake, he tried to straighten the wheels but it was too late. She mounted the
pavement and hit a lamp post. Mr. Haraka fractured his knee.
Advise Mr.Haraka on his possible cause of action. (20 marks)
b) Assess the aims and interests protected under the Law of Tort.
(10 marks)
Q2. The Law of Tort has been consistently and constantly developed by the courts. Even
though your case does not fall under the known torts of negligence and trespass you can
still bring your case.
a) Describe any FIVE of the torts developed by the courts. (5 marks)
b) Discuss the tests developed by courts applicable in determining liability in
negligence, in any of the three of the above described torts. (15 marks)
Q3. Write notes on the following:
a) An occupier (4 marks)
b) Respondeat superior (10 marks)
c) Duty of common human (3 marks)
d) Concurrent liability (3 marks)
Q4. a) Discuss the common occurrences of volenti non fit injuria. (8 marks)
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b) With aid of examples, discuss the various categories of damages in torts.
(12 marks)
Q5. With the help of decided causes, examine the objective standard used to determine
existence of a tort. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 103: CONSTITUTIONAL LAW I
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. ‘’The Preamble is the soul and spirit of the Constitution of Kenya, 2010.’’ In the light of this
statement, explain the significance of the Preamble to the Constitution.
(30 marks)
Q2. With help of relevant judicial decisions, describe the basic principles of constitutional
interpretation. (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. Discuss the salient features of the Constitution of Kenya, 2010. (20 marks)
Q4. Analyse the procedure enshrined under Chapter Sixteen of the Constitution of Kenya,
2010 for the amendment of the constitution. (20 marks)
Q5. Write notes on the following:
a) National values and principles of governance. (10 marks)
b) The Constitution of Kenya and the doctrine of separation of powers.
(10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 103: CONSTITUTIONAL LAW I
Date: December 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. Sir Udo Udoma said “On the theory of law, as given by Kelsen, it is beyond question, when
the 1966 Constitution was adopted, it took the place of the 1962 Constitution”. Uganda vs
Commissioner of Prisons Exparte Matovu. As you discuss the concept entailed in this
case and other similar cases, analyze the various issues brought out under this concept.
(30 marks)
Q2. While analyzing the functions of Constitutions, discuss the various classifications of
Constitutions as you enumerate FOUR for both advantages and disadvantages of those
constitutional classifications. (20 marks)
Q3. “A Constitution is a document of special legal sanctity” Wade and Bradely Constitutional
and Administrative Law. Discuss the above statement as you analyze the main features
of a good Constitution.
(20 marks)
Q4. Constitutionalism has its values. As you discuss the above statement, analyze what is
constitutionalism and how does it differ from democracy. (20 marks)
Q5. “Only the people have the power to enact a new Constitution”. Patrick Ouma Onyango
and 12 others vs the Attorney General 2010 EKLR. As you discuss the elements of the
concept of sovereignty, explain the importance of the concept in society.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 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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EVENING PROGRAMME
CLS 104: CONTRACT LAW I
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. During the month of June 2010, Juma put the following information for general
circulation in a local newspaper “Pipes for sale, price Kshs.1000 each”. A cell
phone number was given. John read the paper and on finding the information text
“I accept to purchase the pipes at the indicated price, John”.
Juma read the message and instructed Ahmed, his assistant to set 10 pipes aside for
John. Ahmed thought ‘John’ was Juma’s brother whom he knew and promptly called to
inform him that Juma had made a gift of the pipes to him. ‘Juma’ the brother of John, not
wanting to embarrass his brother agreed that indeed he had given him the pipes.
John then called Albert, who was 17 years and whom John had heard say that he needed
the pipes and the agreed that he would take them for Ksh.800 each. In July 2010, Juma
went to South Africa on a business trip and has not returned.
Advice the parties on their legal right and/or liability if any. (30 marks)
Q2. Define Consideration. Discuss the essential requirements of a valid Consideration
with illustration. (20 marks)
Q3. Critically discuss the circumstances under which terms may be implied into a
contract:
a) By Courts
b) By Statute (20 marks)
Q4. Acceptance must be absolute and unqualified. Explain. (20 marks)
Q5. Discus ANY TWO of the following:
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i) Legal provisions relating to MINOR’S contract with the decided cases.
(10 marks)
ii) Various modes of discharge of contract with relevant cases (10 marks)
iii) Explain the salient requisites of a valid proposal (10 marks)
iv) Invitation to treat, distinguished from an offer (10 marks)
v) Doctrine of privy of Contract (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 104: CONTRACT LAW I
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Study the classification of contracts and answer the following questions:
a) What are the exceptions to the validity of contract?
b) Discuss the essential elements of formation of a contract.
c) Do you think despite the absence of some elements from types of contract, they
can still bind the parties?
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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(30 marks)
Q2. Do you think the contract made by minors may be binding, voidable or void? Describe two
types of contracts which are binding on minors. (20 marks)
Q3. Outline the ways in which a contract may be discharged. Illustrate each mode of discharge
by decided cases or examples. (20 marks)
Q4. After buying a house, the insurance is not mandatory. An insurance company is calling
and harassing you to buy an insurance policy. Explain the legal issues arising from this
situation with reasons and judicial authorities. (20 marks)
Q5. Explain the particularity of Uberrimae contracts over specialty contracts and simple
contracts. Using the examples from your course outline in contracts law and court
decisions, show the difference between these types of contracts.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 105: CRIMINOLOGY
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. What are the major elements of Cesare Beccaria and Jeremy Benthan’s contributions in
classical criminology and what is your evaluation of their thoughts as far as the
improvement of the criminal justice system of the modern societies is concerned.
Q2. Describe the nature and types of organizational criminality while suggesting from a
criminological perspective how the government of Kenya should react to such a
phenomenon.
Q3. Explain the significance of penology as a branch of criminology and how the different
aspects of its study could be useful to the East African community.
Q4. Emile Durkheim and Robert Merton both attempted to explain crime causation in the
society by employing the theory of “Anomie”. Elaborate on their respective views.
Q5. The study of comparative criminology is indispensable today. Give reasons in support of
this fact and on the practical goals of this legal-scientific study to the East African
community.
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 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/AUGUST – DECEMBER 2015/LAW Page 11
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FACULTY OF LAW
EVENING PROGRAMME
CLS 106: LAW OF TORTS
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Mr. Vujamali is the occupier of JUST BLUES, a pub/restaurant on Langata Road.
He is an independent manager operating under a licence that requires him to close
the premises by 10.30 pm. However during the world cup, he let his customers
stay and drunk in the premises ‘after hours’. At the time of leaving the premises,
one customer, Hardboy fell on the stairway which had been inadequately lit. He
sustained back and neck injuries. He demanded compensation from Vujamali who
denied responsibility for Hardboy’s injury on the basis that Hardboy had been in
the premises in direct contravention of the law. (20 marks)
b) With the aid of relevant case laws and illustrations, examine the “Egg shell skull
rule” as applicable in law of negligence. (10 marks)
Q2. Explain the meaning of ‘Malicious prosecution’ and with the aid of relevant case laws
describe its essentials. (20 marks)
Q3. Write explanatory notes on any TWO of the following:
a) Shop keeper’s privilege
b) Accord and Satisfaction
c) Defamatory innuendo (20 marks)
Q4. What is the justification for strict liability torts? (20 marks)
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Q5. A claim for private nuisance maybe defeated if the defendant relies on any of the
recognized defenses. Discuss. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 106: LAW OF TORTS
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Standing in a hotel lobby one day, Joe suddenly turned on a man walking by, a
complete stranger who had not even looked at Joe and attacked him. When sued
by the man for battery, Joe pleaded that he was insane and had acted according
to a delusion that the man was an enemy.
Discuss Joe’s liability in this case. (15 marks)
b) Write explanatory notes on ALL of the following:
i) Escola v Coca-Cola Bottling Co. (1944) (5 marks)
ii) Liability for Usual and Unusual dangers on land (5 marks)
iii) Explain the meaning of a product in product liability law (5 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. Discuss the case of Liebieck vs MacDonald’s (1994) and its application in product liability
claims in torts. (20 marks)
Q3. Distinguish between the common law approach from the modern approach to the land
owner’s liability in tort. (20 marks)
Q4. With the help of decided cases discuss the objective standard of the determination of a
duty in tort. (20 marks)
Q5. a) Discuss non-judicial remedies in a claim for torts. (15 marks)
b) Explain the effect of death on tort claims. (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 107: CONSTITUTIONAL LAW II
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. You are a Constitutional Law expert. The President of the Supreme Court Dr. Willy
Mutunga has noticed your said exemplary skills. He calls you and asks you to assist him
solve some complaints he has been receiving from members of the public concerning
judicial officers.
The complaints mainly touch on the difference on the interpretation of the Constitution
especially the independence Constitution and the 2010 Constitutions.
To assist him answer to these complaints prepare an articulate report based on the
following terms of references:
a) An analysis on the two main approaches to constitutional interpretations.
(5 marks)
b) Whether there are limitations when interpreting cases on human rights.
(5 marks)
c) The difference in interpretations between the Constitution 2010 and the
Independence Constitutions. (5 marks)
c) Difference between interpretation of Statute and the Constitution.
(5 marks)
e) Discussion on the difference on amendments/reviews under the Independence
Constitution and the 2010 Constitution. (10 marks)
N/B Use decided cases to illustrate the above report.
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Q2. Scholars and observers, both locally and internationally, have described the Kenyan
constitutional reform/review process that ended on 27th August 2010 as perhaps the most
protracted constitutional making process in the world.
Discuss these views giving reasons why you agree or disagree. (20 marks)
Q3. a) Human rights are categorized into generations. Distinguish between the three
generations of human rights. (12 marks)
b) Distinguish between ‘positive’ obligations and ‘negative’ obligations of human
rights. (8 marks)
Q4. Discuss the key changes that the Constitution of Kenya 2010 has made to the President.
(20 marks)
Q5. a) Describe FIVE methods by which Parliament exercises oversight over the
Executive in Kenya. (10 marks)
b) Identify any FIVE legislative constitutional limitations to legislative powers in the
Constitution of Kenya 2010. (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 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/AUGUST – DECEMBER 2015/LAW Page 16
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REGULAR PROGRAMME
CLS 107: CONSTITUTIONAL LAW II
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. “The office of the Director of Public Prosecutions is an independent constitutional office
established by the Constitution of Kenya, 2010.’’ Evaluate this statement with the help of
latest judicial decisions touching upon the powers, functions and removal of the Director
of Public Prosecutions. (30 marks)
Q2. Evaluate the existing constitutional and legal framework for the appointment and removal
of Cabinet Secretaries in Kenya. (20 marks)
Q3. “An independent judiciary is a fundamental element of democracy.” Comment upon this
statement with reference to Articles 160 and 168 of the Constitution of Kenya, 2010.
(20 marks)
Q4. “The Attorney-General is the principal legal adviser to the Government of Kenya.’’ In the
light of this statement, explain the constitutional provisions pertaining to appointment,
powers, functions and removal of the Attorney-General.
(20 marks)
Q5. Describe the following:
a) Objects and principles of devolved Government. (10 marks)
b) Establishment, powers and functions of the Commission on Revenue Allocation.
(10 marks)
*END*
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 108: CONTRACTS II
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Jamila Ali and her husband, Ismael, live in a 3 bedroomed semi-detached house
in Nyali, Mombasa. Jamila and Ismael are planning to celebrate the engagement
of their son, Jamal to Aisha. Jamila wants to invite all her friends and extended
family members to this party. She also, wishes to extend her kitchen and to do this,
she will need to have the internal wall dividing the kitchen and the dining room
removed. She has instructed her local firm of builders, shingle, interiors Ltd, to
carry out the necessary renovations of the work which was to take 2 weeks. They
agreed the cost of the work to be Ksh 300,000. At the end of the first week, the
contractors called Jamila stating they will not be able to complete the work as they
had received an offer to construct the newly established Ministry of Sport
Premises. Jamila is extremely unhappy with the quality of work carried out. Some
of the kitchen units have not been fitted and appliances that have been fitted have
not been fitted to the specifications supplied. The builders are demanding payment
for the work carried out.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Advise the parties. (15 marks)
b) With reference to relevant case law, discuss instances in which the courts will
award the remedy of specific performance. (10 marks)
c) Outline the limitations of the Remedy of Rescission. (5 marks)
Q2. “Illegal contracts present difficult options to courts which are called upon to enforce them.
One of the texts applied is to look at the intention of the parties in order to decide whether
a party should be allowed some remedy is law”. Discuss.
(20 marks)
Q3. Perhaps it would be simpler to say at the outset that frustration occurs whenever the law
recognizes that, without default of either party, a contractual obligation has become
incapable of being performed because the circumstances in which the performance is
called for would render it a thing radically different from that which was undertaken by the
contract…… But even so it is not hardship or inconvenience or material loss itself which
calls the principle of frustration to play. There must be as well such as change is
significance of the obligation that the thing undertaken would if performed , be a different
thing from that contracted for, per: Lord Radddiffe in Davis Contractors Ltd vs Fareham
Urban District Council [1956] AC 696
Citing relevant authorities, analyze the above statement by considering the common
categories of events which frustrate contracts. (20 marks)
Q4. Citing relevant judicial authorities, discuss the differences between ‘duress’ and ‘undue
influence’ and their respective impacts on the validity of contracts.
(20 marks)
Q5. Citing relevant authorities, write notes on the following in relation to the law of contract
a) Mitigation of loss
b) Anticipation breach
c) Reliance loss
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d) Rectification (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 108: CONTRACTS II
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Boffin is offered a post as a research chemist at Pharma Ltd, a Kenyan company
with Pharmaceutical interests throughout Kenya. He is told that he will have to
accept a restraint clause in his contract of employment and that other employees
of the company who have contracts without restraint clauses are consequently
employed lower salaries than the lucrative one which he is being offered.
Reluctantly, he accepts. The restraint clause provides that, Boffin is not to be
employed “as a research chemist by GlaxoSmithKline Plc (GSK) or by any
company involved in Pharmaceutical within three years of employment with Phama
Ltd.
One year later, Boffin with due notice, terminates his employment with Pharma Ltd
and accepts employment with GlaxoSmithKline Plc (GSK) as a research chemist.;
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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specializing in research into ant-athrits drugs. GlaxoSmithKline Plc (GSK) is
Pharma’s main competitor in the Kenyan market in anti-arthrits drugs.
Advice Pharma Ltd on the enforceability of the restraint clause.
(15 marks)
b) “It is important for the courts to be able to clearly distinguish between terms and
mere representations, and to also determine whether a statement is a term or a
mere representation.”
Anonymous.
Using relevant judicial decisions, discuss the above statement.
(15 marks)
Q2. “It is well settled that the governing of damages is to put the party whose rights have been
violated in the same position, so far as money can do so, as if his rights had been
observed…. This purpose, I relentlessly pursued, would provide him with a complete
indemnity for all loss de facto resulting from a particular breach, however improbable,
however unpredictable. This, in contract at least is recognized as too harsh a rule (Asquith
L J in Victoria Laundry (Windsor) Ltd vs Newman Industries (1949).
Evaluate the veracity of this statement, citing relevant authorities. (20 marks)
Q3. Using illustrative case law, discuss the differences between “Duress” and “undue
influence”. Do both categories together amount to a law against unconscionable
contracts? (20 marks)
Q4. Paul established and has built a relatively successful, high-street accountancy firm. He is
due to retire in six months, so he decides to sell the firm. He is approached by Aled who
who expresses interest in purchasing the firm and asks why the firm has been so
successful. Paul replies that is because, “there are no other accountancy firms within 30
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miles. This business will make you a fortune. I believe the annual level of profits is around
KS60 million.2
Aled asks his accountant Chloe’ to verify Paul’s stated level of profits’. Chloe confirms
Paul’s statement, but I fact, the firm only makes around Ksh2,000,000 profit per year. Aled
asks for a few weeks to think it over. Paul then discovers that Ernest Waterhouse, a
multinational accountancy firm, is due to open an office close to his firm. He does not
inform Aled of this. Aled agrees to purchase the firm and subsequently discovers the true
level of profit as well as opening of the rival office.
Aled seeks your advice to his legal options. Prepare an articulate opinion, citing relevant
case law. (20 marks)
Q5. Citing relevant case law, write explanatory notes on the following:
a) Rescission
b) Mandatory injunction
c) Rectification
d) Difference between inter-presentees and inter-absentees. (20marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 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/AUGUST – DECEMBER 2015/LAW Page 22
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CLS 109: SOCIAL FOUNDATION OF LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) “There are many ways of initiating social change including law, revolution, riots,
education, war among others. Compared to the rest, law is the most preferred.”
Analyze the above statement. (20 marks)
b) Examine the disconnect between law and morality. Use relevant case laws and
illustrations. (10 marks)
Q2. a) Comprehensively analyze the contribution of the Natural Law theory and principles
to Law as we know it. (15 marks)
b) What did Kelsen mean by ‘Ground norm’? (5 marks)
Q3. Discuss the salient features of law and explain the duty to obey the law.
(20 marks)
Q4. What is the role of the legal profession in the development of law in Kenya?
(20 marks)
Q5. Write notes on;
a) Law and Development (10 marks)
b) Law and Gender (10 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 110: ROMAN LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Discuss the historical development of Roman Law. (You may ignore a section on
“magistrates and officers of the Republic”). (30 marks)
Q2. The most celebrated system of Jurisprudence known to the World starts as it ends with a
code. Substantiate this statement. (20 marks)
Q3. Discuss the concept of “Jus”, its sources and division. (20 marks)
Q4. a) Define “JUS RERUM” and “RES”. (4 marks)
b) Outline and explain the division of RES according to Res according to Gaius and
Justinian. (16 marks)
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Q5. Enumerate and explain the modes of acquiring ownership under “Jus Gentium and under
Jus civile”. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 110: ROMAN LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Give an account of the historical development of Roman Law. You may ignore a section
on the Praetorian development of the law. (30 marks)
Q2. Discuss the concept of Jus, its sources and division. (20 marks)
Q3. “The most celebrated system of jurisprudence known to the world begins as it ends with
a code”. Discuss. (20 marks)
Q4. a) Define Jus Rerum. (2 marks)
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b) Give an account of the division of Res according to Justinian and Gaius.
(18 marks)
Q5. a) Define Quiritary ownership. (2 marks)
b) There are two modes of acquiring ownership in Roman Law. Briefly articulate these
modes as outlined in the Roman Law of Property.
(18 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 111: INTRODUCTION TO CANON LAW
Date: December 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Give the juridical meaning of the following terms.
a) Physical person in the Church
b) Vacatio legis
c) Lacuna iuris
d) Abrogation of law
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Telephone: 891601-6
Fax: 254-20-891084
E-mail:academics@cuea.edu
A. M. E. C. E. A
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e) Juridic Acts
f) Petitioner (30 marks)
Q2. How does a person acquire and close an ecclesiastical office? (20 marks)
Q3. Give ways through which the Church acquires temporal goods. (20 marks)
Q4. Enumerate and explain ways through which the word of God is propagated.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 112: LEGAL SYSTEMS AND LEGAL METHODS
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. The Catholic University Annual Law Conference will be held in January 2016. It is a
conference that brings together law experts to discuss contemporary legal issues affecting
the nation. The theme of the conference is:
‘TOWARDS A TRANSFORMED KENYA: THE ROLE OF THE 2010 CONSTITUTION
IN USHERING A NEW SOCIETY’
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You are one of several experts who have been invited to present a paper on the subject.
You are particularly keen on analysing the historical basis of the challenges that Kenya’s
legislature has faced since the colonial period and still continues to face to date, the extent
to which these challenges have been addressed by the drafters of the 2010 Constitution,
and the prospects and challenges of transforming the legislative arm of government.
Outline the contents of your paper. (30 marks)
Q2. ‘Our adversarial system of government works very well. It cannot be improved.’
To what extent do you agree with this statement? (20 marks)
Q3. a) “It is an obvious point that the civil and criminal justice systems are distinct
processes.”
Explain, with reasons, whether or not you agree with the above statement.
(10 marks)
b) Explain the concept of unicameralism, citing its benefits and drawbacks.
(10 marks)
Q4. a) With regard to the Executive, what does ‘separation of powers” mean?
(4 marks)
b) Trace the evolution of the Executive arm of government. (6 marks)
c) Evaluate, using relevant evidence, whether the Constitution has effectively
transformed the Executive. (10 marks)
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Q5. a) How has the Judicial Transformation Framework addressed criticisms of the
Kenyan judicial process? (10 marks)
b) In the hierarchy of sources of law, where would International Law be placed?
(10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 112: LEGAL SYSTEMS AND LEGAL METHODS
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Most of the legal systems have their origins in ancient customs of the people.
Customs could therefore be said to be the oldest source of law. However, in order
to gain recognition and enforcement by the courts, the particular custom should
have certain characteristics. State and explain these characteristics.
(12 marks)
b) Explain the establishment and jurisdiction of the rent tribunal. (8marks)
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c) Discuss FIVE alternative/informal dispute resolution mechanism.
(20 marks)
Q2. Explain the establishment, composition and jurisdictions of the superior courts.
(20 marks)
Q3. a) Explain the evolution of the doctrine of equity, indicating its contribution to the legal
system of Kenya. (10 marks)
b) The Constitution provides that when a bill has passed through Parliament, it shall
be presented to the President for his assent. However, there are instances when
the President declines to assent to a bill. Explain the procedure which the bill shall
go through after it has failed to receive Presidential assent.
(10 marks)
Q4. a) ‘The doctrine of stare decisis involves upholding decisions made in previous similar
cases.’ In lieu of this statement explain the following:
i) Obiter dictum and Ratio Decidendi (2 marks)
ii) Advantages and disadvantages of precedet (8 marks)
b) ‘Article 159 shows the desire and will of the Kenyans to respect and access the
courts. However, there are drawbacks on access of justice in Kenya.’ Discuss.
(10 marks)
Q5. a) Explain the common law writs which have been used to put a check on the excess
of the executive. (10 marks)
b) State what is meant by ‘separation of powers’ and explain reasons why it is only
considered as an ‘ideal’ and an impracticality. (10 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 113: ADMINISTRATIVE LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) A recent (fictitious) statute, the places of Entertainment (Safety) Act, makes it a
criminal offence to permit use of premises as places of public entertainment without
a licence. The licence is to be obtained from the relevant County Government
where officials are empowered to inspect the premises with a view to ensuring that
they are safe. The County Government may, on the grant of such a licence impose
‘such conditions as it thinks fit’ and may require the payment of such a fee as it
thinks reasonable. ‘(Earlier legislation, dating from 1970, fixed the fee payable at
Ksh50/=).
Consider the following cases:
1) Kwale County, on granting Basil a licence, imposed these conditions:
I) Basil is to prevent the use of illegal drugs on the premises
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II) No person under the age of 16, whether or not accompanied by an adult, is
to be admitted to an entertainment in the premises. Advice Basil.
(4 marks)
2) Isiolo County gave no consideration to the new power to charge what fee it thought
reasonable and continued to charge KSh50. Advise Ouma, a rate payer.
(4 marks)
3) Kisii County decided that the fee should be KSh5000/= in each case taking the
view that this roughly represented the fall in the value of money since the fee was
fixed in 1970. Advise Moraa, an applicant for a licence.
(3 marks)
4) Migori County calculated the total cost of examining the relevant premises in its
area to be KSh200,000 and resolved to raise the sum by the fee payable for
licences, the individual fees to be calculated by reference to the size of the
premises in question. In the case of Wangari, a licensee, this worked out at
KSh2,500 (the previous fee being KSh50.) Advise Wangari.
(3 marks)
b) Following a sharp fall in revenue collections, the government has found itself in a
severe financial crisis. It has therefore decided that all civil servants below a certain
grade all civil servants below a certain grade who are over 53 years of age are to
be dismissed forthwith without notice, and the salaries of the remainder are to be
cut by 15%.
The Cabinet Secretary in charge of the civil services has issued the necessary
instructions taking the view that the situation is too serious to permit consultations
with the appropriate trade unions,
Consider the legality of the instructions. (8 marks)
c) The Cabinet Secretary for the Environment sends you, his Senior Legal Counsel,
the following note:
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‘By Section 23 of the Housing Act 2000 (fictitious) I am empowered to take over
the Council houses “where it appears to (me) that tenants….have or may have
difficulty in exercising the right to buy effectively and expeditiously.” Does this
mean that I can do what I like or will the judges expect me to be “reasonable”?’
Advise the Minister, explaining to him any relevant principle of judicial review.
(8 marks)
Q2. Critically analyze the Diyean Concept of the Rule of Law and the important role exercised
b the Judiciary in upholding the rule of Law. (20 marks)
Q3. 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.
(20 marks)
Q4. Discuss the meaning, nature and scope of Administrative Law. (20 marks)
Q5. ‘Public authorities should be treated like any other body or individual.’ Discuss with
reference to ANY ONE of the following: Contract, tort, estoppels.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 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/AUGUST – DECEMBER 2015/LAW Page 33
ISO 9001:2008 Certified by the Kenya Bureau of Standards
REGULAR PROGRAMME
CLS 113: ADMINISTRATIVE LAW
Date: December 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 licence from the County
Government of Nyamira. Consider the following actions by the Nyamira County
Government:
i) Nyamira County has been disturbed about the proliferation of street
vendors in its area (whom it believes to be 150,000) and resolves to limit
the number of licenses to 100,000. Advice the street vendors on the legality
of this action. (5 marks)
ii) Nyamori has been a street vendor for many years. He applies for a licence,
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. Advise him.
(5 marks)
iii) Korir has also been trading for many years. Letters of objection to his
application were received from Robins (another street trader), and from the
police. Korir’s application was rejected. He was not told by the Nyamira
County Government that letters of objection had been received by it. Advice
him. (5 marks)
b) ‘Administrative Law is the citizen’s protection against the abuse of power’.
Consider this view of the subject. (10 marks)
c) Briefly discuss the concept of legitimate expectation. (5 marks)
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Q2. The Cabinet Secretary for Health sends you, as the senior legal advisor the following
Memorandum:
“I am concerned at the views that there have been one or two applications for leave
to apply for judicial review of medical decisions. Admittedly, these have been
unsuccessful. But who knows what the judges will do next? I do not wish the courts
to challenge the priorities within hospital waiting lists or otherwise interfere within
clinical decisions. Please advise.”
Draft a Memorandum in response explaining:
i) Whether the Cabinet Secretary’s fears that a court might grant judicial
review are justified and (10 marks)
ii) What steps, if any, the Cabinet Secretary could take to minimize the
likelihood of a Judicial Review application. (10 marks)
Q3. ‘O’ Reilly vs Mackman (1983) is the worst decision in Administrative Law since the 2nd
World War. It should be over-ruled. Discuss. (20 marks)
Q4. a) Were wanted to build an extension to his house and went for advice to David a
planning consultant who had recently opened an office in the town. David went to
the County Government offices to see whether planning permission was necessary
for what Were proposed. He was shown into a room which had on the door ‘Deputy
Chief Planning Officer’. The person in that room told him that permission was not
necessary. Were made the extension and has now been served with an order of
the Kwale County Government requiring him to remove it on the ground that it was
made without planning permission. He considers that the Kwale County
Government is bound to what its officer told David.
Advice him. (10 marks)
b) “It could destroy the whole doctrine of ultra vires if it was possible for a stator power
to be extended by means of an estoppel.”
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Explain and illustrate. (10 marks)
Q5. Explain the various ways in which Delegated Legislation is controlled. Do you think
they are sufficient in this role? (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 200: CRIMINAL LAW I
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mr. Mbaya normally comes home drunk. One evening as he returned home, he found his
wife asleep which annoyed him. He grabbed his wife and threw her out of the bed asking
for dinner. The wife ran to the kitchen to fix something for her husband. Before she knew
it, the husband rained several blows on her as he loudly regretted why he married a lousy
woman of her caliber. Mr. Mbaya signaled their adopted daughter Chuki , aged 7 years,
to bring a gun and shoot her mother. Chuki has never been happy with her adopted mother
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as she often found herself on her disciplinary schedules. She ran to her father’s bedroom
and returned with a gun. The father demonstrated to Chuki how to shoot. Chuki then pulled
the trigger that instantly killed the mother.
a) Assess the elements of crime that would help establish Mbaya and Chuki’s criminal
responsibility. (20 marks)
b) Discuss any defenses available to Mbaya and Chuki. (10 marks)
Q2. Describe the various sources of Criminal Law in Kenya while indicating some of the unique
features available in the Constitution 2010. (20 marks)
Q3. Write explanatory notes on each of the following.
a) Principle of legality (7 marks)
b) Attempts (4 marks)
c) Autre fois acquit and Autre fois convict (3 marks)
d) Private prosecution (6 marks)
Q4. a) Discuss any FOUR theories on the punishing of criminal offenders.
(12 marks)
b) Distinguish between burden of proof and standard of proof does it shift in criminal
law? (8 marks)
Q5. During the Mashujaa Day celebration in Kenya, Mary, a student from Witness University,
while going home after the celebrations was trailed by thugs up to her home. They
attacked her and fatally injured her. James, her neighbour, was watching from the window
and did nothing because she had declined his approaches for friendship. The police want
to charge James with the murder since he never assisted or reported to police.
Using decided cases, advise the police on circumstances which an innocent bystander
can be held criminally liable for failure to act. (20 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 201: CRIMINAL PROCEDURE AND PRACTICE
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mr. and Mrs. Ibu were woken up by movements inside their house around midnight on 20th
December 2014. Three invaders quickly entered their bedroom and ordered them to utter
no word. The gang leader, named Janam Ler, kept watch over Mr. and Mrs. Ibu as the
other two gang members, namely, Mani Tele and Jicho Kali, combed the rest of the house.
They picked the family TV, five cell phones and two laptops. The two gangsters then
wandered into a room where Mr. and Mrs. Ibu’s daughter (Idol Ibu) was sleeping. They
raped her in turns and picked her Ipad, before joining the gang leader and escaping from
the house.
Later, Mr. and Mrs. Ibu realized that the gang had cut a window grill in their bedroom to
gain entrance.
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They called police at once and 8 men answering to the descriptions given by the Ibus were
arrested in the vicinity. The men are in police custody.
a) What criminal offence(s) did the gangsters commit? (5 marks)
b) Describe the legal procedure you would advise the police to follow in adequately
identifying the suspects. (10 marks)
c) Draft the appropriate charge sheet. (15 marks)
Q2. a) i) What is plea in a criminal justice system? (2 marks)
ii) Explain with examples, the meaning of “plea in bar of indictment”.
(4 marks)
b) Describe any SEVEN guidelines that were set by the Court of Appeal in Adan vs
Rep [1973] EA 445 regarding unequivocal guilty plea.
(14 marks)
Q3. a) What is bail and what is its legal basis in Kenya? (5 marks)
b) State any THREE objectives of bail. (3 marks)
c) Describe any SIX principles that guide in the grant or denial of bail.
(12 marks)
Q4. a) i) What do criminal litigation lawyers mean by saying a charge is duplex?
(10 marks)
ii) What is the rationale against duplicity of charges? (10 marks)
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b) Discuss the role of prosecution in a criminal trial. (10 marks)
Q5. Outline the legal essentials of writing a judgment at the conclusion of a criminal trial.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 202: EVIDENCE I
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. You are the latest recruit at the office of the Director of Public Prosecutions and your first
prosecution file has been handed to you.
Bonoko a footballer par excellence and national hero, has been charged with the offence
of bigamy after it is discovered that in every county to which his team has travelled for a
match, Bonoko has also been leaving behind a newly wedded wife.
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At the police station, Bonoko declined to talk to any police officer or record any statements.
He was remanded in the police cells and struck a friendship with one Mdomo Baggy to
whom he confided that prior to his arrest, he had planned and executed, with full
knowledge of his lawyer, the fixing of a football match in favour of the other side. This
piece of information is reported to the police who add another charge to Bonoko: illegal
match fixing.
You, as the prosecution, intend to call Bonoko’s wives and his lawyer as hostile
prosecution witnesses. The defence objects to the witnesses, citing privilege. Using
statutory provisions and case law, prepare your reply to the defence objection.
(30 marks)
Q2. Identify and discuss any FIVE exceptions to the hearsay evidence rule making references
to relevant case law. (20 marks)
Q3. “It is clear from what I have stated regarding the burden of proof created by Section 111
of the Evidence Act that there must be some form of response or rebuttal by the suspect
regarding the charges laid against him.”
R–V–Priscilla Kanario & 4 Ors (2008) eKLR
Distinguish this statement in light of the constitutional right of a suspect/accused to remain
silent. (20 marks)
Q4. “A confession may be retracted or repudiated”. What is a retraction and a repudiation of a
confession and what procedures may be taken by the prosecution after such a retraction
or repudiation? (20 marks)
Q5. Discuss the rule laid down on Makin & Anor–v–Attorney General for New South Wales
(1894) AC 47 and the scope for admission of evidence under this rule.
(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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AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 203: CIVIL PROCEDURE I
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mr. Kanyari is an author of fiction books. On 1st January 2014, he presented his
unpublished manuscript to Helicopter publishers who he had contracted to undertake the
editing as well as publishing of the book at a flat rate of Kshs. 3000/=. Kanyari paid the
entire amount to Helicopter Publishers on 28th February 2014. Three weeks later, Kanyari
discovered that Helicopter Publishers had published 300,000 copies of the book as their
own. The book, titled “The Art of Modern Science”, went viral and in no time all the 300,000
copies had been sold out at the price of Kshs. 500/= each. Kanyari confronted Helicopter
Publishers who denied having entered into any contract with him. To make matters worse,
Kanyari had procured a loan to facilitate this project and he was required to pay off the
loan within two months of the book’s launch and in any case not later than 1st August 2014.
The bank has now seized Kanyari’s property worth Kshs. 6,000,000/=.
Kanyari has come to your chambers with instructions to institute a suit against Helicopter
Publishers.
a) Draft the plaint (20 marks)
b) Draft the verifying affidavit (5 marks)
c) State the documents that must accompany a plaint when filing. (5 marks)
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Q2. Citing relevant rules and case law, explain the purpose of the civil procedure rules and in
so doing discuss the Double “O” or Oxygen Principle. (20 marks)
Q3. With the aid of relevant rules and case law, discuss the rules of pleadings as well as the
various modes of instituting civil proceedings. (20 marks)
Q4. a) With the aid of case law, discuss the differences between the principle of Res
judicata and the sub judice rule. (10 marks)
b) Discuss the various sources of civil procedure law. (10 marks)
Q5. Discuss the various modes of service allowed under Order 5 of the Civil Procedure Rules
and, in so doing, discuss the factors that would influence the choice of the method to adopt
on the part of the litigant. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 204A/211: LAW OF BUSINESS ASSOCIATIONS I
Date: December 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. Asha Binti has organized her neighbours into a business chama that supplies goat meat
to various hotels and supermarkets around Nairobi.
Recently, this chama applied for the Uwezo Funds loan, but their application was rejected
because the chama was not registered anywhere within Kenya.
Asha Binti has come to your chambers for advice on the best model of business
association for her chama.
Compare and contrast the ADVANTAGES (positives) and DISADVANTAGES (negatives)
of registering this chama as a Cooperative Society under the laws currently applicable in
Kenya. (30 marks)
Q2. a) Discuss any TWO cooperative principles incorporated into Section 4 of the
Cooperative Societies Act, Chapter 490 Laws of Kenya.
b) Discuss THREE areas of implementing the Devolution Policy into future
cooperative legislation and services as per the speech given by Hon. Adan
Mohammed on July 13th 2013. (20 marks)
Q3. a) Discuss the minimum membership required for the registration of a primary
cooperative society in Kenya.
b) Discuss the minimum membership required for the registration of a primary
cooperative society in ANY OTHER partner state of the East African Community
(EAC) below:
i) Burundi
ii) Rwanda
iii) Tanzania
iv) Uganda (20 marks)
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Q4. Discuss ANY ONE of the following cases and concepts:
a) John Ouma Richard Nyamai vs The Cooperative Tribunal and 3 others (2013)
eKLR
b) FOSA Saccos in Kenya
c) Mburu Kimani vs Kanyeki FCS (2009) eKLR
d) Prince Louis Rwagasore
e) Joseph Mwangi Gakinya vs Aberdares MultiPurpose Sacco et al (2013)
f) Okeyo vs Owino (2003) KLR 413
g) Nterekeiya Bus Services vs Republic of Kenya (1966) EA 333
h) Muhiri vs Kiru (1969) EA 232
(20 marks)
Q5. a) Discuss any TWO characteristics of partnerships under the Laws of Kenya.
(10 marks)
c) Discuss ANY EXCEPTIONS thereof under Section 4 of the Partnerships Act
Chapter 29 Laws of Kenya. (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 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/AUGUST – DECEMBER 2015/LAW Page 45
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EVENING PROGRAMME
CLS 205: CRIMINAL LAW II
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. A group of friends, all of them adults except one chose to have afun evening. Albert,
Commen, Bett and Dalton agreed to try group sex. They all accepted that Albert would
invite his girlfriend Peggy to his room where the friends were waiting. On arrival, Peggy
sought an assurance from Albert that she would be safe. Instead Albert grabbed her
pinned her down and invited the others to join in. Bett held her hands, Commen the legs
while Dalton (10 years in age) chose to keep watch at the door. Albert proceeded to have
violent sex with Peggy against her will. Both Bett and Commen changed their minds about
having ago at Peggy but agreed to continue pinning her down.
Peggy was seriously injured. She had a raptured uterus, bruises all over the body and
they took away her bag with valuables inside. Tests later revealed that she was infected
with Sexually Transmitted Infection (STI).
The friends have been arrested and are in police custody.
a) Which criminal offenses have the friends committed? (4 marks)
b) Outline the elements of any THREE of the offences in (a) above.
(6 marks)
c) Dalton and his parents have come to you for legal advice. He argues that he did
not participate in any criminal act. In fact he asserts that he is innocent. Advice
him. (15 marks)
d) The friends contended that Peggy had agreed to the “fun” that is why she came to
Albert’s room. From the facts, do you agree with that contention?
(5 marks)
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Q2. While browsing in a clothing store, Rhoda decided to take a purse without paying for it.
She placed the purse under her coat and moved towards the exit. She then realized that
a sensor tag on the purse would set off an alarm. She place the purse near the counter
from which she had removed it and walked away. Did Rhoda commit any crime? Discuss.
(20 marks)
Q3. A tourist was accosted by an assailant along Luthuli Avenue in downtown Nairobi. The
assailant snatched her handbag and ran off with it. The police later arrested the man
and took him to Central Police station. The tourist did not state that the assailant had a
gun or any weapon. At trial a police officer stated that he found the assailant in possession
of a knife and a toy gun. The assailant has been charged with robbery. Discuss the
probable outcome of the trial.
(20 marks)
Q4. Jack was unhappy that Jill his girlfriend had dumped him. He thus wanted to punish
her. He invited Jill for a drink and Jill came along with her friend Betty. While drinking the
two ladies went to the washrooms and Jack dropped a pellet of cyanide into Jill’s glass.
On arrival the two friends confused their glasses and Betty drank from the poisoned glass.
She died shortly after. Jack has been convicted of murder and sentenced to death. Defend
him. (20 marks)
Q5. Mrs. Pretty is a principal of a very popular Girls’ School. She often quietly accepts money
for form one admissions. In one such incident, Boss sent his driver with money to give the
Principal. Boss’s daughter was later denied admission but the Principal did not return the
money or admit that she received any such money. Boss wants to press charges. Advice
the three parties: Mrs. Pretty, Boss and the driver as to their criminal liability, if any.
(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
CUEA/ACD/EXM/AUGUST – DECEMBER 2015/LAW Page 47
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 206: LAW OF EVIDENCE II
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Maurice Sankara, Thomas Abacha and Rowland Owour were jointly charged with two
counts of criminal conspiracy and robbing with violence contrary to the provisions of the
penal code of Kenya. However, in the course of the trial, Maurice Sankara was not only
forced to give evidence in his defense, but Rowland Owour was also used as a
prosecution witness against Maurice Sankara.
Consequent upon this, Maurice Sankara was convicted and sentenced by the trial
Magistrate.
What are the chances of success for Maurice if he decides to go on appeal?
(30 marks)
Q2. “Not much weight can be placed on hearsay evidence especially when given to prove the
truth in the facts asserted. However, under certain circumstances, known to law as special
circumstances the court may admit hearsay evidence.”
Anonymous.
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In the light of the above assertion, and with reference to relevant authorities, discuss the
rules against hearsay evidence and the exceptions thereto.
(20 marks)
Q3. Discuss the place of electronically generated evidence under the Evidence Act of Kenya.
(20 marks)
Q4. According to the Evidence Act of Kenya, in criminal proceedings the fact that the accused
person has committed or herein convicted of or charged with any offence other than that
with which he is charged or is of bad character, is inadmissible.
To what extent is this statement true? Cite relevant authorities in support of your answer.
(20 marks)
Q5. Write explanatory notes on each of the following:
a) Explain the concept of the word document as used in the Law or Evidence.
b) Public document
c) Primary evidence
d) Secondary evidence
(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/AUGUST – DECEMBER 2015/LAW Page 49
ISO 9001:2008 Certified by the Kenya Bureau of Standards
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 207: CIVIL PROCEDURE II
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mrs. Wahu Nderitu is your client for whom you have instituted legal proceedings against
her neighbour who has trespassed upon her land, built a semi permanent structure on it
and proceeded to lease the structure on it and proceeded to lease the structure out to a
local pastor who has been using the same for prayers. Her neighbour’s name is Mrs. Njau
Wega.
The order brought two day before today were as follows:
1. The matter be certified as urgent.
2. The court issues a permanent injunction.
3. The Defendant be evicted from the suit property.
a) Identify the initial document which you may have filed in court on this matter.
(2 marks)
b) Explain in full the procedural requirement for initiating this process, citing relevant
case law. (8 marks)
c) You have consulted your colleagues and have been advised that you must file
pleading together with the applications. Describe which pleadings and which
necessary document would accompany the pleadings. (10 marks)
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d) The following are details of Mrs. Wahu Nderitu.
1. Sex - Female
2. Citizenship - Kenyan
3. I/D No. - 72473214
4. Postal Address - 3472-0400 Buru Buru
5. Occupation - House wife
6. Age - Adult
7. Mental state - Fully functional
8. Place of suit - Milimani Commercial Courts. Chief
Magistrate
Draft a verifying affidavit for Mrs. Wahu Nderitu. (10 marks)
Q2. Describe the various provisions which together aid case management in Civil Procedure.
(20 marks)
Q3. Mr. Xinhua, a Chinese resident, has brought to your office a lengthy document of contract.
From the advice of his countrymen, he has been advised that litigation is expensive in
Kenya. The document indicates that he has a factory in Beijing and would like to
import into Kenya car spares to a Ugandan national, Ali Hassan, who has incorporated a
company together with Kenyan nationals who are majority shares in the company. Mr.
Xinhua’s Factory is called Xinhua Products Ltd and Mr. Ali Hassan’s company does not
want to execute the contract without an arbitration clause. He also indicates that
Strathmore University has a mediation Centre which he intends to seek before he does
Arbitration incase of any dispute. Advise Mr. Xinhua on steps which he should take and
draft for him an arbitration clause. (20 marks)
Q4. a) Describe steps which you would follow to institute a Judicial Review proceeding.
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b) What remedies are available in such proceedings and which court has jurisdiction
to grant the same. (20 marks)
Q5. a) You have been served with a plaint. What would be the procedure leading to a
successfully filed defense?
b) Explain the consequences of being served with summons by an unqualified
process server. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
SUPPLEMENTARY EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 208: SALE OF GOODS
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Where there is a contract for the sale of specific or ascertained goods, the property
in the goods is transferred to the buyer at such time as the contract intends it to be
transferred. Discuss the rules for determining when property passes from the seller
to the buyer. (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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b) “Nemo dat quod non habet” has been incorporated into every contract under the
Sale of Goods Act. Discuss the circumstances under which the rule does not apply.
(10 marks)
c) Explain the conditions which must be fulfilled for agency by ratification to be valid.
(10 marks)
Q2. a) Explain FIVE circumstances under which an agent may be held personally liable
on contracts he has entered into on behalf of his principal.
(10 marks)
b) Discuss the rules governing delivery in a contract of sale of goods.
(10 marks)
Q3. a) Enumerate and explain the implied conditions and warranties in a contract of sale
of goods. (10 marks)
b) Explain the circumstances under which an agency relationship may be terminated
by operation of law. (10 marks)
Q4. a) ‘Delegatus non potest delegare’. Discuss the exceptions to this rule.
(12 marks)
b) Outline the rights available to an unpaid seller in a contract of sale of goods.
(8 marks)
Q5. Write short notes on the following:
a) Caveat emptor (5 marks)
b) Classes/ types of agents (5 marks)
c) Classification of goods (5 marks)
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d) Rules governing sale by Auction (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 210: BANKRUPTCY AND COMMERCIAL SECURITIES
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. “Bankruptcy petition must be clean for the purpose of helping the debtor to limit his
insolvency (fresh start) but not for the purpose of helping the debtors to avoid liability to
3rd parties.
Justice Githinji
RE ALMOODY (1990) KLR 280
a) Discuss the facts, issues and ruling of this landmark case with regard to the
Bankruptcy process in Kenya.
b) Discuss TWO OTHER cases related to the abuse of bankruptcy process by:
i) Creditors
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Telephone: 891601-6
Fax: 254-20-891084
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ii) Third parties (30 marks)
Q2. Discuss any TWO of the following bankruptcy concepts and procedures:
a) Capacity of debtors
b) Capacity of creditors
c) Bankruptcy petition
d) Receiving order
e) First meeting of creditors
f) Debtor’s proposal
g) Public Examination of the Debtor
h) Adjudication Order
i) Discharge of Bankrupt
j) Distribution of bankrupt’s estate (20 marks)
Q3. Discuss any TWO Acts of Bankruptcy covered under Sections 3(1) (a) to 3(1) (h) of the
Bankruptcy Act Chapter 53 Laws of Kenya. (20 marks)
Q4. a) Discuss THREE examples of moveable property that can be mortgaged under the
Chattels Transfer Act Chapter 28 Laws of Kenya.
b) Discuss the registration process applicable to chattels mortgages under the above
Law.
(20 marks)
Q5. a) Describe the primary rule (principle) established by HELBY vs MATHEW (1895)
AC 471 with regard to Hire Purchase Contracts.
b) Discuss the EXCEPTION TO THIS RULE that was created by the Hire Purchase
Act Chapter 507 Laws of Kenya. (20 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 211: CO-OPERATIVES AND PARTNERSHIPS LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Kiinua Mgongo Cooperative Society is a cooperative registered under the Cooperative
Societies Act. It has been in operation for the last 16 years. However, due to harsh climatic
conditions, raw materials in which it trades in has gone down. The Cooperative Society is
no longer doing well financially. Its Board of Directors are contemplating a merger between
Kiinua Mgongo and Cherryvile Cooperative, another society dealing in meat products.
There’s a mixed reaction among members, some supporting the move and others
disputing it. They have approached for advice on the following concerns.
a) Enlighten them on the concept of merges, its procedure and consequences
thereof. (15 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) Outline for them the procedure for registering a cooperative society as provided
for in the Cooperative Societies Act. (15 marks)
Q2. Discuss the circumstances under which a partnership maybe dissolved by a court order.
(20 marks)
Q3. Describe what a partnership entails and examine the rules for determining the existence
of partnership. (20 marks)
Q4. One of the principles of Cooperative Societies is that of rule of law and social justice.
Examine the most preferred mode of resolution of disputes within and among cooperative
societies, pointing out why it is the most appropriate.
(20 marks)
Q5. Write explanatory notes on ANY TWO:
a) Division of cooperative societies. (10 marks)
b) Liability of partners in a partnership. (10 marks)
c) The structure of cooperative movement in Kenya. (10 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/AUGUST – DECEMBER 2015/LAW Page 57
ISO 9001:2008 Certified by the Kenya Bureau of Standards
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 300: LAND LAW I
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. A leasehold estate lasts for a definite period of time. And a leaseholder has no power to
dictate the property (transfer it to others); only his or her interest can be transferred if it is
allowed by the tenancy.
In light of the above statement, describe the various types of tenancies practiced in
common lease jurisdictions. (30 marks)
Q2. State intervention involves regulation of how individuals use their property and also limit,
qualify and extinguish private property rights in land for public activity. Discuss how this is
achieved. (20 marks)
Q3 Write notes on the following:
a) Caveats (7 marks)
b) Intribitions (7 marks)
c) Restrictions (6 marks)
Q4. Discuss the following categories of servitude.
a) Easements (6 marks)
b) Profits a pendere (6 marks)
c) Restrictive covenants (8 marks)
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Q5. At common law, the institution of mortgage took the form of the pledge of a property to the
lender coupled with the transfer of possession rather than title.
Analyze the above statement in light of development and practice of mortgages at
common law. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 300: LAND LAW I
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Where a title document in Kenya indicates that the proprietor of the land owns the same
in absolute proprietorship, does this mean that there can be no limitation to the rights of
the proprietor? Expound on your answer. (30 marks)
Q2. Andrew is the registered proprietor of a parcel of land situated in Garissa Town, which he
is selling, on which he carries out the business of a bakery. On the premises, he has
constructed permanent and semi-permanent buildings containing his equipment for the
bakery, some of which is attached to the floors, some using screws and some use bolts.
Some of the equipment is in the permanent building, while others are in the semi-
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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permanent building. There is no reference in the agreement to any of the buildings and
equipment, with the agreement merely dealing with the sale of the land itself.
Andrew now comes to you, after the sale has been successfully concluded, seeking your
explanation on the question of what, if any, are the buildings and or equipment that he can
remove from the land after the sale. Render the explanation.
(20 marks)
Q3. a) Define the word land pursuant to Kenyan Law. (5 marks)
b) Define private land as defined in Kenyan Law. (3 marks)
c) Kenyan Law offers rights, protections and also circumstances under which the
rights can be deprived, in relation to land. Set out the provisions of this law.
(12 marks)
Q4. Describe the principles and advantages of a good registration system in relation to land.
(20 marks)
Q5. Enumerate the functions and powers of the National Land Commission of Kenya.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 301: JURISPRUDENCE
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/AUGUST – DECEMBER 2015/LAW Page 60
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Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Analyze the philosophical arguments arising from the following news story.
(30 marks)
“Kenya: High Court Orders LGBT Group Registration”
Human Rights Watch
April 28, 2015
The High Court of Kenya, in a groundbreaking decision, ruled on April 24, 2015 that
members of a lesbian, gay, bisexual and transgender (LGBT) rights group could formally
register their organization, Human Rights Watch said today……
The Non- Governmental Organizations Coordination Board, a government body, rejected
the group’s request to register in March 2013. In denying the application, the Board said
that the name of the organization was “unacceptable” and that it could not register it
because Kenya’s penal code “criminalizes gay and lesbian unions”……
In its decision to reverse the ruling of the NGO Board, the three- judge High court panel,
composed of Justice Mumbi Ngugi, Justice George Odunga and Justice Isaac Lenaola,
ruled that the NGO Board’s decision violated Article 36 of Kenya’s Constitution, which
states that “Every person has right to freedom of association, which includes the right to
form, join or participate in the activities of any association of any kind.” The judges further
ruled that conceptions of morality cannot serve as a justification to limit fundamental rights.
Q2. Distinguish between Hart’s conception of primary and secondary rules from Kelsen’s
theory on the hierarchy of norms. (20 marks)
Q3. With the aid of case law, describe FIVE basic characteristics/elements of law that
distinguish (positive) law from other societal norms, such as traditional customs, religion
and morals. (20 marks)
Q4. Citing relevant judicial and statutory authorities, discuss SIX conditions that a traditional
custom must satisfy in Kenya to be recognized as customary law.
(20 marks)
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Q5. Analyze the reformative and retributive theories of justice and, using concrete examples,
highlight any contradictions between these theories. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 301: JURISPRUDENCE
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. The concept law has been propounded very differently by different Law Schools. Critically
discuss the position taken by the following schools.
a) Natural Law theorists (5 marks)
b) The positivists theorists (5 marks)
c) Donald Dworkins view (5 marks)
d) The pragmatist/ Realists theorists (5 marks)
e) The Marxists theorists (5 marks)
f) The Feminist theorist (5 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. “Law is the command of the sovereign backed with sanctions” John Austin. Discuss
critically the above statement in light of the positivists’ perspective to law.
(20 marks)
Q3. “The Nuremberg trials of Senior Nazi officials created the principle that certain crimes
constitute crimes against humanity even if they violate provisions of positive law. The
judgment of this trial brought a new jurisprudence that the law is not necessarily the sole
determinant of what is right.” Several Nazi kingpins were found guilty and convicted.
Discuss the natural law theory of law in regard to what is the purpose of law in society in
light of the current Kenyan I.C.C trials at the Hague. (20 marks)
Q4. Critically discuss how the following jurisprudential perspectives have contributed to the
development of law and legal systems globally.
a) The theory of Law as per H.L.A Hart (5 marks)
b) Platos theory of philosopher kings and the obligation to obey law.
(5 marks)
c) Thomas Acquinas view that a bad law should not be obeyed. (5 marks)
d) Thomas Hobbes theory of the social contract theory. (5 marks)
Q5. Discuss the Marxist view of rejecting individual rights and then perspective that law is a tool
of oppression and that its only achievement is to create and protect social classes.
(20 marks)
*END*
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 302: COMPANY LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Victor and Bob are partners in a business that sells video games, hardware and
software. The business is successful and they opened up a number of branches
in the local area. In order to limit their liability they instruct their advocate to
incorporate the business calling the new company “Capital Gaming Ltd”.
Around the same time, Soony are about to release a new games console - the
game station 4. Victor and Bob are eager to acquire as many of these consoles as
possible as they are likely to prove highly profitable. Victor hears of a potential
source (Soony Console Supplies Ltd) and is offered 50 consoles. Eager to
purchase the console, Victor does not wait until the company is incorporated and
enters into a contract for and on behalf of Capital Gaming Ltd with Soony Console
Supplies Ltd.
Bob also is offered a number of consoles and prior to incorporation enters into an
agreement with Gaming Hardware Ltd to purchase 40 consoles. Bob signs the
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00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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agreement with Capital Gaming Ltd as Bob Rees ( a director). The certificate of
incorporation is issued and at first board meeting of the new company Victor and
Bob ratify both agreements. Shortly after, Soony Console Supplies Ltd refuses to
deliver the consoles. Bob is concerned that Gaming Hardware Ltd will also refuse
to deliver the goods.
Advice Victor and Bob, basing your decisions under both Common Law and
Statute. (15 marks)
b) Describe the various ways through which a person’s membership of company may
come to an end. (15 marks)
Q2. The rule is Foss Vs Harbottle would create grave injustices if the majority were allowed to
commit those wrongs against the company and benefit from those wrongs at the expense
of the majority simply because no claim could be brought in respect of that wrong. This
thus is a major and somewhat ill–defined execution referred to as “fraud on minority”.
Using decided cases, discuss the nature and scope of the above exception.
(20 marks)
Q3. OHO-Khan-Freund famously described Salomon Vs Salomon as a “calamatian
decision”. Discuss the impact and importance of the case justification behind the
decision of the various courts. (20 marks)
Q4. a) Discuss the relevance of the rule in Turquand’s case in Company Law.
(6 marks)
b) When can a share warrant be issued? What is the effect of the issue of a share
warrant? (6 marks)
c) Discuss the process of allotment of shares. (8 marks)
Q5. Citing relevant case law, discuss the following:
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a) Statutory duties of directors. (5 marks)
b) Difference between extra-ordinary and special resolution meeting.
(5 marks)
c) Underwriting commission. (5 marks)
d) Effects of a winding up order. (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 302: COMPANY LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. In 2010 Abigael and BOS, who had recently graduated from a local University, incorporated
Abib Ltd. The two were the shareholders and directors of the company.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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According to the company’s Articles the sole object of the company was to enable job
seekers connect with potential employers.
As directors of the company, Abigail and Bob acquired a loan facility at Cered Bank Ltd
which enabled the company to borrow upto KSh.5 million. This overdraft facility was
unsecured.
In 2012 it became apparent that the company was not making sufficient profit. The two
directors then decided to invest 3M of the money borrowed from Cered Bank in buying
and selling of plots.
The money was, however, lost as it turned out that the documents of title were forgeries.
Abigail intends to sue Bob as she believes that he was negligent and had not properly
verified the documents of title. Meanwhile, Bob has realized that the company might not
be able to trade for long. He intends to appropriate the company’s computers as he insists
that they were bought using money contributed by himself when he bought shares in the
company.
A month ago, Cered Bank Ltd instituted liquidation proceedings as the company was
unable to pay its debts.
Draft a legal opinion, setting out the rights and/or liabilities of the parties.
(30 marks)
Q2. “Once registered the Article of a company constitute a contract not merely between the
shareholders and the company, but between each individual shareholder and every other”,
per Wood v Odessa Waterworks (1889) 42 Ch D 636
Examine this statements setting out the incidences of this contract.
(20 marks)
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Q3. Discuss the rules regarding maintenance of the capital of the company and the exceptions
thereto as provided under the Companies Act. (20 marks)
Q4. Directors of a company have a duty to the company:
a) Describe their duties. (10 marks)
b) What are the legal consequences where breach of a duty is proved?
(10 marks)
Q5. a) Describe the various types of winding up of a company. (10 marks)
b) Analyze the situations that may lead to the compulsory winding up of a company
under S.219 of the Companies Act. (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 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
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CLS 303: PUBLIC INTERNATIONAL LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) For 35 years Kenya has allowed Uganda to draw water from a dam on Kenyan
territory. There has been no formal agreement between the two states.
After a democratic general election a new government comes into power in Kenya.
This government immediately closes down the pumping station cutting the supply
of water to Uganda. Uganda delivers a formal protest to the Kenyan government.
The Kenyan government feels legally bound to re-open the pumping station and
does so without delay.
One month later, however, the Kenyan government again closes down the
pumping stations, declaring hat in the light of the uneven distribution of wealth in
Uganda, it is no longer prepared to allow Uganda access to cheap water.
Uganda claims that Kenya’s actions amount to a violation of a norm of Public
International law.
Answer the following questions:
i) Has Kenya violated a norm of Public International law and if so under which
sources of Public International law would you classify such a norm?
` (10 marks)
ii) Discuss fully, with reference to the facts set out above and international
case law, the requirements set out for the formation of such a norm of
International Law. (8 marks)
b) As a result of the 1967 six day war, Israel annexed East Jerusalem and the Golan Heights,
territory which had previously been under Palestinian control. When challenged, Israel
responded that its actions were valid under International Law as it had been acting under
self defense.
i) Discuss the validity of the Israel annexation. (3 marks)
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ii) Discuss the basis for and validity of Israel’s claim that its actions were in selfdefense
and therefore justified in terms of Public International Law.
(3 marks)
iii) Would it make any difference if Palestine had ceded the territory to Israel?
(3 marks)
c) While sailing on the high seas, a ship registered in State A collides with a ship registered
in State B. Ship B sinks with considerable loss of life. Ship A picks survivors, including B’s
officio of the watch, who was on duty when the collision occurred. A takes the survivors to
its territory where the master of the ship is arrested, tried and convicted of culpable
homicide. State B objects to State A’s exercises of jurisdiction because the collision did
not take place in its territory. B claims that only the flag state (itself therefore) has
jurisdiction over events on board a vessel on its high seas. A claims that as the events on
B had an effect on its Ship A, and as A is part of its territory, it has jurisdiction.
Answer the following questions:
i) What THREE principles did the Permanent Court of International Justice lay down
in the lotus case?
ii) Considering these principles, what was the State of extra-territorial jurisdiction in
this case? (11 marks)
Q2. Dr. Mary Oyoo is a very competent Senior Lecturer employed in a Private University in
Kenya, Wasanii Hodari, in the Faculty of Law. A vacancy for a Professor arises in her
department (not Constitutional and Public International Law of course) and she applies for
the post. Despite being by far the most qualified candidate, she does not get the post. She
learns that although she was top of the shorlist, her appointment was vetoed when it was
learned that outside of working house she is a practising transvestite (yes women can be
transvestites) who regularly mimes to the songs of Helmut Lotti, a Belgian
singer/songwriter. Dr. Mary Oyoo visits you, claiming that her constitutional rights under
the Bill of Rights have been violated. She tell you of a friend of hers with similar inclinations
who was successful in a claim before the European court of Human Rights (ECHR) and
another who was similarly successful before the German Constitutional court (GCC).
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Explain in the light as the facts above the relative weight which a Kenyan court should
attach to the decision of the ECHR and GCC respectively in terms of the Kenyan
Constitution 2010. (20 marks)
Q3. State A is a new state created by the Legislative of another state B. State A is very poor.
Its population is largely nomadic in addition to which some sixty percent of its adult males
are compelled by economic necessity to seek employment on the mines in the former
states. The remainder of the population lives in organized tribes, each under a
patriarchical leader, along strict hierarchical lines.
The Boarders of State A are not yet fully defined since negotiations continue between it
and its former mother state from the extension of its territory. One of the territories currently
falling within A is a small enclave completely separated from the main body of its territory.
The enclave contains a fishing town with a sugar factory, a school, a magistrate’s court
and certain government, seconded offices manned partly by officials seconded from State
B and partly by local inhabitants of State A who are receiving training from B’s officials.
Because the government of State A is virtually insolvent, it relies heavily on financial
assistance from State B. it is however, actively developing a form of government totally
alien to that of B. Although A’s Cabinet Secretary for Foreign Affairs has travelled
extensively in in an attempt to establish diplomatic relations in Europe, Asia and South
America, no country other than B and a few neighbouring states, which are wholly
dependent on A for a route to the sea have recognized A. A’s application for membership
in the UN has also been refused.
Discuss fully, substantiating your answers by reference to case law, practical examples
and other authority, whether A is a state enjoying International legal personality.
(20 marks)
Q4. a) The United Nations organizations is a subject of Public International Law. Explain
the international legal personality of the UN by the use of relevant statutes and
case law. (10 marks)
b) Describe the nature and functions of the various organs of the United Nations
organization. (10 marks)
Q5. Briefly discuss the following:
a) Reservation to Treaties
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b) Usus
c) Opinio iuris
d) Monism and Dualism
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 303: PUBLIC INTERNATIONAL LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Odium and Zodium are two soveign states. Zodium borders Odium to the northeast.
On 9th January 2015, FSS, a militant terrorist group based in Zodium, crossed
over to Mimu village in Odium. The FSS carried out several raids in the village,
resulting into the death of 100 men, women and children – all nationals of Odium.
The FSS then retreated to their hideout in Zodium where they released a video
bragging about these killings.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Incensed by this, the President of Odium orders the firing of 50 long range missiles
into Zodium. The missiles were indiscriminate and resulted into the death of 700
Zodium nationals. The government of Zodium insists that only 20 of these victims
were actually FSS. Odium denies this and declares the operation a success.
Later on, pm 10th October 2015, the FSS releases another video warning of serious
attacks on Odium. It appears from the video the commander of the FSS is speaking
from rocky terrain.
On the 11th October 2015, Odium launches more missiles into the Zodium village
of Zoma (which is known for its rocky terrain) in what it terms are “pre-emptive
measures”.
The President of Odium also announces that the country has provided weapons
and other assistance to a rebel group in Zodium to enable them finally finish off the
protected FSS.
Zodium has strongly protected these actions and instituted a case on unlawful use
of force by Odium at the International Court of Justice (ICJ). As a Judge presiding
over this case, what would be your decision as regards the legality of;
i) Odium’s firing of 50 long range missiles into Zodium in response to the
terror attack by FSS terrorists. (5 marks)
ii) Odium’s “pre-emptive measures” on the 11th October 2015.
(5 marks)
iii) Odium’s provision of weapons and other assistance to a rebel group in
Zodium. (5 marks)
b) “There can be no doubt therefore that by constitutional fiat, Kenya converted itself
from a dualist to a monist state with the effect that a treaty or convention once
ratified is adopted or automatically incorporated into our laws without the necessity
of a domesticating statute.”
(Ouko, Kiage & M’Inoti JJ.A in
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Karen N. Kandie V. Alssane Ba & Shelter Afrique.
Civil Appeal No. 20/2013, P.8)
With reference to the above diction and relevant judicial and statutory authorities,
discuss the extent to which Kenya is or is not a monist state.
(15 marks)
Q2. Article 38(1) of the statute of the International Court of Justice is widely recognized as the
most authoritative statement as to the sources of International Law.
With the employment of cases and relevant conventions, discuss Article 38(1)
(a) - (d). (20 marks)
Q3. “Contemporary International Law has a wide range of participants on the international
scene. Not all these entitles posses international legal personality”,
ANONYMOUS.
In light of the above assertion, describe the entities that are proper subjects of International
Law. (20 marks)
Q4. On the nature and characteristics of State Responsibility, Judge Huber, in Spanish Zore
of Morroco claims (21LR p. 157), emphasised –
“..…. responsibility is the necessary corollary of a right. All rights of an international
character involve international responsibility. Responsibility results in the duty to
make reparation if the obligation in question is not met”.
With the above summation in mind, discuss the following concepts;
i) Imputability (8 marks)
ii) The concept of the injured state (6 marks)
iii) Reparation (6 marks)
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Q5. a) In October 2015, a Dutch led Inquiry reported that the Malaysian Airlines MH17
which crashed in Ukraine on July 17, 2014 was hit by a Russian made BUK missile.
Ukrainian authorities insist that there was involvement of Russian militants who
actually pulled the trigger and are identifiable. Majority of the passengers who died
were Dutch. The Aircraft belonged to Malaysia.
Citing relevant authorities, discuss the justification in International Law for exercise
of criminal jurisdiction by Netherlands, Ukraine, Malaysia and Russia in this matter.
(15 marks)
b) Mr. Whitehouse has recently arrived in Nairobi-Kenya. Despite the 50kph speed
limit on most roads, he drives his newly acquired Ferrari at 200kph and causes an
accident, leaving 10 Kenyans seriously injured and 5 others dead. The incident has
caused uproar, especially on social media, with Kenyans calling for his arrest and
trial.
The Director of Public Prosecutions has requested you to advice him as it turns
out Mr. Warutere is a British diplomat. Refer to relevant treaty provisions and case
law. (5marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 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/AUGUST – DECEMBER 2015/LAW Page 75
ISO 9001:2008 Certified by the Kenya Bureau of Standards
REGULAR PROGRAMME
CLS 304: LAND LAW II
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Kozos leased premises in a large complex in Voi. He negotiated with the building owner
to have certain reservations made to the premises in order to later carry out his business.
The owner, wishing to secure Kozos as a tenant, agreed to these changes. The owner
was then granted approval for a redevelopment plan. Kozos feels that the plan constitutes
a serious breach of the covenant of quiet enjoyment of the premises and implementation
of the proposals would render the premises materially less fit for the particular purpose for
which the lease premises had been granted. Alternatively, he argues that the proposed
work would breach other implied terms of the lease which he is not aware of.
Kozos approached your firm of advocates in which you are an associate for advice on
other implied terms that may arise in such a scenario on his part and on the part of the
owner.
a) Advice Kozos of such implied terms. (15 marks)
b) Citing relevant authorities, discuss the available remedies to Kozos in case of
breach. (15 marks)
Q2. “The power of sale is for the benefit of the charge, to enable it realize its security more
efficiently and effectively, than it had first to seek an order from the court provided it acts
in good faith and behaves fairly towards the chargor. It can therefore put its own interests
before those of the chargor.” Anonymous.
Premised on the above statement:
a) Discuss the duties and liabilities of the chargee when setting the property.
(10 marks)
b) Discuss the advantages and disadvantages of exercising power of sale.
(10 marks)
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Q3. In the case of Rettopkin’s lease (1972)1 ALL ER 284, it was held that an option to renew
for a “a further term of five years from the expiration of the said term hereby granted at the
same rent and containing the like covenants and promises as hereon contained” created
a perpetually renewable lease and it followed that the notice to exercise the option was
not necessary. On the contrary, without these two ways being factored in the lease
transaction, there are several possible ways in which a lease or tenancy may come to an
end.
Discuss the ways in which a lease with such a renewal clause may come to an end.
(20 marks)
Q4. “As a result a mortgagee who goes into possession of the mortgaged property, thereby
excludes the mortgagor from control of it is bound to account to the mortgagor not only
for the rents and profits which actually receives, but also from the rents and profits which,
but for his willful default or neglect, he might have received, that is for everything which he
has received or might or ought to have received while he continued in possession,” per
Downsview Nominee Ltd vs First City Corporation Ltd (1993) AC 295
Converse the covenants binding a mortgagee in possession as if the mortgagee was the
mortgagor as provided by the Land Act. (20 marks)
Q5. As Lord Templemen put it in the leading case of Street vs Mountford, if B has exclusive
possession, he has the rights of an owner of land, which is in the real sense his land albeit
temporarily and subject to certain restrictions.
Following this reasoning, describe essentials of a lease, citing case law.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
E-mail:academics@cuea.edu
A. M. E. C. E. A
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FACULTY OF LAW
REGULAR PROGRAMME
CLS 305: FAMILY LAW
Date: December 2015 Duration: 2
Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. 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, 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? (30 marks)
Q2. 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)
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b) Minimize the complexity, unpredictability and inefficiency occasioned by the
hitherto multiplicity of marriage laws? (5 marks)
c) Afford parties liberty to contract civil, religious, or customary marriages?
(5 marks)
d) Reflect the coming of age and attainment of legislative autonomy of the
Kenyan Legislature in family law? (5 marks)
Q3. 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 sui generis contract…..’’
Discuss the sui 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)
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) Describe the nature of 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)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 307: BANKING LAW AND NEGOTIABLE INSTRUMENTS
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Action Ltd wrote a Bill of exchange for KSh.500,000/= to Bidii Ltd or order upon
the representation by Chali, an employee of Action Ltd that the money was due
and owing to Bidii Ltd.
The Managing Director of Action Ltd had never heard of Bidii Ltd, but trusted Chali,
who had worked for the company for many years.
Infact, Action Ltd owed no money to Bidii Ltd.
Chali upon taking possession of the instrument, signed it in the name of Bidii Ltd
and discounted it for KSh.450,000/= with Dadoo, a local businessman.
Action Ltd has since discovered the fraud and has ordered Fanisi Ltd – the drawee
instrument not to honour the instrument.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Advise Dadoo. (20 marks)
b) Would your answer in 1(a) above be different if Bidii Ltd was a regular supplier of
goods to Action Ltd and well known to the Managing Director?
(10 marks)
Q2. The rights of a holder of negotiable instrument depend on the type of holder he happens
to be. However, certain difference are deemed to apply irrespective of the type of holdership.
Discuss. (20 marks)
Q3. A cheque is a mandate from a customer to his bank to pay according to the customer’s
order. Examine the various modes by which a customer may communicate the mandate
and the differences that may be raised by a bank for wrongful payment.
(20 marks)
Q4. In Tournier V National Provincial and Union Bank of England [1924] 1 KB 461 Bankes LJ
expressed the view that a duty to maintain secrecy is not all embracing. It does not exist
in four exceptional circumstance identified by his hardship.
With the aid of decided cases, examine these exceptions. (20 marks)
Q5. Discuss the structure and objectives of the Kenya Deposit Insurance Corporation.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 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/AUGUST – DECEMBER 2015/LAW Page 81
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FACULTY OF LAW
REGULAR PROGRAMME
CLS 308: CONSUMER PROTECTION LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. X purchased a car from CMC Motors which he later found to have defective wiper blades,
fuel filter, drive belts, spark plugs and brake discs. Discuss the rights of X against CMS
Motors and cite relevant statutory provisions with case laws.
(30 marks)
Q2. “Communication Authority of Kenya is an independent regulatory body charged with the
responsibility of protecting and safeguarding the interests of consumers in relation to the
provision of information and communications technology services in Kenya.’’ Do you agree
with this statement? Justify your answer.
(20 marks)
Q3. The Consumer Protection Act, 2012 was enacted to better protect the interests of
consumers by creating an alternative disputes resolution mechanism exclusively for
consumers. Comment. (20 marks)
Q4. Discuss the novel dimension given by the judiciary to the definition of terms “consumer’’ and
“service’’ under the Consumer Protection Act, 2012. (20 marks)
Q5. Write notes on the following:
a) The observations and decisions of the court in Consumer Federation of Kenya
(COFEK) v. Minister for Information and Communications & 2 others.
(10 marks)
b) Sanctions available for unfair trade practises. (10 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 310: LABOUR LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. In the first week of June 2015, the management of Kabaila Enterprises Ltd received a
large order to fulfill. The General Manager called a meeting and informed all the workers
that in order to fulfill that order, there would be overtime every day of the week during the
month of June, including weekends.
All the employees worked overtime during the first week of June, including Saturday and
Sunday. However, on 8th Monday June 2015, the Kenya Workers Trade Union
approached the management and stated that some SDA employees should not work on
Saturdays and other Christians employers should not work on Sundays. The management
insisted that all employees must work on both Saturdays and Sundays.
On 13th June 2015, John Omwela, who is an SDA follower, refused to go to do overtime
on religious grounds. On Sunday 14th June Joseph Kariuki and Agnes Wataa also refused
to do overtime also on religious grounds.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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On 20th June 2015 Pamela Wataka refused to do overtime because the overtime payment
due to her was very little.
On 22nd June 2015, the management wrote to John, Joseph and Pamela to show cause
why disciplinary action should be taken against them for disobeying lawful orders for their
refusal to do overtime. They were suspended for two days and given time to respond.
Instead of answering the show cause letters, the three employees went to their union who
stormed the office of the General Manager of Kabaila Enterprises Ltd. The union also
instigated a strike of the rest of the employees who boycotted overtime altogether for the
rest of the month, after the management had dismissed the three employees for
disobeying its lawful order.
You are a legal expert. Citing relevant authorities, advise
a) John, Joseph and Pamela as to whether their dismissals were lawful.
b) The management of Kabaila Enterprises on how to deal with the issue of
employees boycotting overtime. (30 marks)
Q2. Describe what is meant by temporary and permanent disablement and discuss
employees’ rights for compensation for injuries sustained that result in temporary and
permanent disablement. (20 marks)
Q3. With special reference to the teacher’s strike, discuss the development, jurisdiction and
the powers of the Employment and Labour Relations Court and clearly analyze the role
the court has played and continues to play in fostering good employment practices and
sound industrial relations in Kenya. (20 marks)
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Q4. Outline the 1998 Fundamental Principles and Rights at work and discuss the extent to
which they have been domesticated in Labour Laws in Kenya, giving specific references.
(20 marks)
Q5. Describe the process of establishing Trade Unions and Employers organizations under
the Labour Relations Act, 2007, how their operations are funded and how they come to
protect their members through Collective Bargaining. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 311: REVENUE ANDTAXATION LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Discuss Turnover Tax and where it is applicable. (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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b) Discuss the role of Kenya Revenue Authority in the Economy.
(10 marks)
c) Why is it necessary to have a Personal Identification Number (PIN)?
(10 marks)
Q2. S. 210 and 211 of the East Africa Community Customs Management Act 2004 is an affiant
to Act 40(2) of the Constitution of Kenya 2010. Discuss. (20 marks)
Q3. a) What are the different types in income Tax? (5 marks)
b) Juma is employed on a salary of 200,000/= per month. He has been able to put up
a block of flats where he obtains Ksh.140,000/= per month in rent. He has recently
completed consultancy work in which he was paid Ksh.800,000/=. He has decided
to invest this money in shares. His consultancy business recently paid him
dividends of Ksh. 2m and he sold off shares in Stima Enterprises for a profit of
Ksh.200,000/=.
Calculate Juma’s Tax Liability. (15 marks)
Q4 a) Kenya has adopted a system of Self Assessment for income tax purposes. Which
cannons of taxations are adopted for this mode of assessment?
(6 marks)
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b) Define a tax return? (4 marks)
c) What are the penalties imposed under S72 (i) of the Income Tax Act?
(10 marks)
Q5. a) Discuss the most common division of taxes? (6 marks)
b) What is VAT? (4 marks)
c) Discuss the importance of an ETR receipt. (6 marks)
d) Differentiate between Vatable; zerorated and exempt sales. (4 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 311: REVENUE AND TAXATION LAW
Date: December 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. a) What is the role of Kenya Revenue Authority in Kenya’s taxation system and
economy? (10 marks)
b) Taxes in Kenya are either direct or indirect in nature. With examples, give the
different natures of the two forms of taxes. (10 marks)
c) “Excise duty is considered to be a sin tax”. What are the recent changes that have
been made to the Customs and Excise Act that reinforce this?
(10 marks)
Q2. Section 210 and 211 of the East Africa Community Customs Management are ultra vires
to Article 40(2) of the Constitution of Kenya, 2010. Discuss.
(20 marks)
Q3. “Give unto Ceasar, what belongs to Ceasar”. Taxation has been an integral part
governance. With reference to the Canons of Taxation, how effective were the taxation
systems? (20 marks)
Q4 a) Kenya’s tax collection system is based on self assessment returns model. Explain
TWO cannons of taxations that have been adapted to try and achieve an optimum
tax system in Kenya. (6 marks)
b) Outline the nature of tax returns and what is achieved by filing returns.
(4 marks)
c) What sanctions are imposed under the Income Tax Act for non-compliance of filing
returns by 30th June?
(20 marks)
Q5. Kogi has annual income of 2,400.000/=. He further gets 1,800,000/= from flats he owns.
In 2014, after selling shares in Huduma Investments, he was paid 1,000,000/= and had
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also received dividends of 200,000/=. In the previous year, he filed his returns late and
was penalized 25,000/=.
Calculate his tax liability for the year. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 312: INFORMATION TECHNOLOGYAND THE LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Give your reasoned opinion concerning the concerning correctness of the following claims.
a) “The European view of science and technology is mechanistic, dehumanising and
has led to ecological disasters in the 21st Century.”
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Anonymous
(15 marks)
b) “Time, space and matter are symbolic in African life, whereas they are contractual
in the European value system.”
Anonymous
(15 marks)
Q2. Two final year law students are debating the relative merits of adopting Information
Technology (IT) by African governments. John insists that the potential uses and benefits
of IT systems to Africa far outweigh the potential negative effects to African cultures. Maria,
on the other hand, argues that the importation of IT systems to Africa will lead to a
technology dependence and cultural marginalization.
Using the foregoing debate as your point of departure, discuss the pros and cons of
adopting an Information Technology Revolution for an African country like Kenya.
(20 marks)
Q3. In the English case of R V Secretary of State for Home Department, ex parte Rudduck
and others (1987), the court warned that the grounds of justification based on common
law must be used sparingly and do not constitute a defense to the allegation of unlawful
interception and monitoring of data communications.
With the foregoing case as your background, highlight and discuss the limitations of the
common law to deal with “online crimes.” (20 marks)
Q4. The United Nations Special Rapporteur on Freedom of Opinion and Expression in his
Report of 16th May 2011, stated in paragraph 59 that:
“…..there must be a law that clearly outlines the conditions whereby individual’s right
to privacy can be restricted….. measures encroaching upon this right must be taken
on the basis of a specific decision by state authority expressly allowed by law to do
so, usually the judiciary….”
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Give your reasoned opinion as to the reasons that could have informed the quotation
above in the Report of the Special Rapporteur. (20 marks)
Q5. Give your reasoned opinion concerning the criminalization of “child pornography” whereas
“pornography “ itself is not criminalized under International Law.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 314: LAW OF INSURANCE
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Irene’s car was involved in an accident. The damage to the car was estimated at
Sh.100,000. She reported the matter to her insurance company. The owner of the
car that hit her agreed to pay Irene Sh.30,000 as part settlement for damages to
the car. However Irene did not inform her insurance company about the receipt to
the amount. The insurance company paid Irene the total of Sh.100,000.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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With the aid of decided cases, briefly analyze the legal principles involved in the
case. (10 marks)
b) Kiereini owns a house at Lavington in Nairobi valued at Sh.200 million. He insured
it with Linda Mali Insurance Company Ltd and Maradufu Insurance Company
Limited for Sh.150 million and Sh.100 million respectively. He also insured his
household goods against burglary with Lipa Insurance Co. Ltd for Sh.50 million.
One night while he was away on a business trip, burglars broke into the house,
stole all household goods and set the house on fire, completely destroying it.
Advice Kiereini on the following:
The principles governing his claims from the three insurers and the
amounts due to him. (12 marks)
c) Provide a brief explanation on the classification of Insurance contracts.
(8 marks)
Q2. a) One of the principles of insurance is utmost food faith under which disclosure is
essential. Highlight some of the facts which need not be disclosed.
(12 marks)
b) In reference to question 2(a) above, explain the consequences of non-disclosure
of material facts in a contract of Insurance. (8 marks)
Q3. a) At the national level, the insurance industry is important and has contributed
enormously; however, it has faced several challenges. Discuss such FIVE
challenges. (10 marks)
b) Discuss the principles of insurance. (10 marks)
Q4. a) The doctrine of insurable interest recognizes such interest as a condition for the
validity of the policy. With the aid of case law, discuss the principles governing
insurable interest in a contract of life insurance. (12 marks)
b) Discuss the modes of acceptance by the insurer to the proposed insurance
proposal made by a ‘potential insured’. (8 marks)
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Q5. Write brief notes on the following:
c) Insurance Regulatory Authority (5 marks)
d) Double insurance and reinsurance (5 marks)
e) Warranty and representation (5 marks)
f) Termination (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 316: RESEARCH METHODS
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. A lawyer writes to persuade. But most importantly, he writes to communicate. Identify and
explain SIX cannons of good legal writing. (30 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. Legal reasoning must accompany legal writing. The aim is to relieve legal writings of
fallacies. Citing aspects of an argument, explain SIX reasons why you think that legal
reasoning only is not the only input in a sound legal piece.
(20 marks)
Q3. What are the FIVE dangers not identifying and framing issues correctly when conducting
legal research? (20 marks)
Q4. a) What do you understand by the term “citation”. (5 marks)
b) What is the cardinal rule in citation? (5 marks)
c) Explain FIVE challenges associated with electronic legal research.
(10 marks)
Q5. What are the contents of a dissertation proposal? (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 317: GENDER AND THE 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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Date: December 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 of 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 describe how these gains impact a woman’s:
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
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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 in registering his proposed party.
(20 marks)
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) Name THREE each of the legislative and human rights approaches that 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 integrity and reproductive
integrity.
To what extent is the enjoyment of the right to reproductive self determination affected by
the government, religion, law and men? (20 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 400: CONVEYANCING LAW AND PRACTICE
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Land transactions are commonly fraught with irregularities in any parts of the world, Kenya
not being an exception. Because of this, parties, through their advocates, must take all
steps necessary to ensure that they avoid litigation by exercising due diligence. In this
regard it is the purchaser that must open his eyes to discover any defect that ay eventually
affect his title. Discuss the processes involved in this regard and the discoveries that are
made thereof.
(30 marks)
Q2. Megarry and Wade, in their book, The Law of Real Property, at pg 547, say that a
clandestine entry by the purchaser into property without the consent of the vendor cannot
constitute a lawful possession even though the purchase had paid the purchase money,
in whole or in part. An alternative way of ensuring the enforceability of a part contract for
sale of land is to show clear evidence of the transaction regarding the land. For instance,
that the purchaser has already taken possession of the land with the consent of the vendor.
This is to fulfill the equitable requirement of part performance. The learned authors state
at pg 562 of the said book that:
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 case of a contract for sale of land, it was thus a sufficient act of part performance
if the purchaser was let into possession by the vendor for then it was clear that
there must be some transactions between them concerning the land. The contract
would not be fabricated by perjured evidence, but if the purchase merely paid the
vendor without taking possession, this was not a sufficient act of part performance
because it did not, by itself, indicate a transaction about the land.”
Demystify the above reasoning by discussing the recipe of a valid contract for sale of land.
(20 marks)
Q3. Good faith, as judges generally use the term in matters contractual, is best understood as
an ‘excluder’; a phrase with no general meaning or meanings of its own. Instead it
functions to rule out many different forms of bad faith. It is hard to get this point across the
persons used to thinking that every word must have one or more general meanings of its
own, must be either univocal or ambiguous. The upshot of this is that the forms of bad
faith lead to breach of contract. With this in mind, discuss the remedies available as a
result of the negative eventualities of the excluder.
(20 marks)
Q4. Under Section 37 of the LRA, a proprietor may transfer land, a lease or a charge to any
such person without consideration, by an instrument in the prescribed form or such other
form as the registrar may, in any particular case, approve.
Discuss the above process noting the requisite documents under the Kenyan legal
framework. (20 marks)
Q5. The professional independence of advocates is a prerequisite of their trustworthiness. An
advocate must avoid such actions as may undermine trust. A breach of trust is
incompatible with the title of advocate.
Isaacs J made the following statement, in Incorporated Law of New South Wales V R D
Meagber, which is important in understanding the role of the lawyer in society:
“…. there is therefore a serious responsibility on the court, a duty to itself, to the
rest of the profession, to it suitors, and to the whole of the community, to be careful
not to accredit any person as worthy of public confidence who cannot satisfactorily
establish his right credential.”
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These comments are mirrored by the comments of Kirby P speaking of the barrister’s duty
of Candour to the courts in New South Wales Bar Association V Thomas (No2) (1989) 18
NSWLR 193, a matter involving a failure o counsel to disclose, during criminal
proceedings, how certain statements had been obtained. Kirby P said at pg 204:
“The rank of barrister is one of status. With it go obligations which cannot be
shaken o or forgotten simply because the holder o the office has not been
practicing in the daily work of a barrister. If a person does not wish to assume the
obligations to the court of the barrister, that person should not seek admission by
the court as such. Once admitted, the additional duties of invariable candor as well
as honesty to a court prevail.”
Discuss the contents of the above sentiments in light of the role of an advocate in a
conveyance transaction. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 401: PROFESSIONAL ETHICS
Date: December 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/AUGUST – DECEMBER 2015/LAW Page 99
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Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Because of the importance of lawyers’ reputations in the minds of prospective clients,
lawyers desires to maintain specific types of reputation have significant impact on the
implementation of professional rules and other legal constraints on lawyers’ behaviour. To
the extent reputation is dependent on the way lawyers behave, or are likely to behave in
particular contexts that affects the manner in which lawyers comply with the constraint.
Consider atleast THREE permissive professional set of rules under which the Advocates
Act Cap 16 applicable to the legal profession in Kenya. (30 marks)
Q2. A lawyer’s duty is a fundamental obligation that defines his/her role within the adversarial
system. However, the advocate’s duties are not carried out in a vacuum. While facing
financial and competitive pressures, advocates must fulfill and balance their duties to the
client, opposing counsel, the administration of justice and the society.
(20 marks)
Q3. Discuss the professional conduct and etiquette of advocates as provided in the Law
Society of Kenya Digest of 2010.
Q4. Under the Advocates Marketing Rules 2014, no advocate is allowed to directly or indirectly
apply for or seek instructions for professional business, or do or permit in the carrying on
of the practice anything which can be reasonably regarded as calculated to attract
business unfairly.
Elaborate on the manner, form and information which may or may not be included or
advertised by an advocate. (20 marks)
Q5. Reputation is probably the most important tool to reducing the problems of asymmetric
information. Lawyers making a good effort will be able to build up a good reputation
enabling them to attract new clients and maintain present clients. Conversely, a poor effort
will damage the reputation and make it more difficult for the lawyer to attract clients. This
can be distributed to professional misconduct.
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Discuss what amounts to professional misconduct as provided for under the
Advocates Act Cap 16. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 401: PROFESSIONAL ETHICS
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mr. Jerry Jones, a Kenyan citizen after completing his four years of study at a Kenyan
University, was awarded a Bachelors of Laws Degree. Without further ado, Mr. Jones
opened a law practice under the name J. J. Beste & Company Advocates, where he
practiced law for a number of years. Discuss this situation as far as it relates to the code
of ethics and the law related to the legal profession in Kenya.
(30 marks)
Q2. Discuss the creation of the Advocate/client’s relationship and the factors that will guide the
advocate in fixing his remuneration in relation to services rendered to the client.
(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. In addition to the conducts cognizable under the Advocate Act as professional
misconducts under the LSK Digest for Professional conduct and Etiquette released in the
year 2000. (20 marks)
Q4. Discuss the case of FLORIDA BAR V JAMES TIPLER NO. SC. 03149 and using the
applicable laws in Kenya, give your reasoned opinion with emphasis on the fiduciary
nature of Tipler’s relationship with the client. (20 marks)
Q5. Discuss the history of the legal profession from the Grecian period to its consequential
introduction to Kenya. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 402: INTERNATIONAL ENVIRONMENTAL LAW AND POLICY
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. The preamble of the Constitution of Kenya states that we the peope of Kenya will be
respectful of environment.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Present how environment is protected by Kenya law including the Constitution 2010, and
what are the main institutional frameworks for environmental protection in Kenya.
(30 marks)
Q2. According to Kenya National legal, Air pollution is the introduction into the atmosphere of
any substance that has damaging effects on living things and natural environment.
Discuss the legal framework for the protection of air against pollution, including protection
against radioactive substances. (20 marks)
Q3. Write explanatory notes on the following three concepts.
a) The principle of intergenerational equity
b) The principle of intragenerational equity
c) The principle of integration
d) The polluter pays principle
(20 marks)
Q4. It is often said that the criminal law has not been effective in ensuring compliance with
environmental law requirements.
Examine the provisions on environmental law offences under Environmental Management
and Coordination Act of 1999 and show that offences relating to Hazards Wastes,
Materials, Chemicals and Radioactive substances are prosecutable and punishable by the
law in Kenya. What is the competent court?
(20 marks)
Q5. Write explanatory notes on the concept of sustainable development and determine the
sources at international and national level. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CUEA/ACD/EXM/AUGUST – DECEMBER 2015/LAW Page 103
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CITY CAMPUS
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 404: INTELLECTUAL PROPERTY LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Discuss the sources of Intellectual Property Law. (20 marks)
b) What is the need for the protection of a trademark? (10 marks)
Q2. Discuss the various remedies available in case of the infringement of intellectual property
rights. (20 marks)
Q3. a) Distinguish between infringement of a registered trademark and passing off.
(5 marks)
b) Write explanatory notes on:
i) Brand management
ii) Franchise (15 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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Q4. Define the term Intellectual Property and discuss the nature of a trademark.
(20 marks)
Q5. Explain the following terminologies as used in Intellectual Property Law.
a) Cease and Desist (5 marks)
b) Opposition (5 marks)
c) Expungement (5 marks)
d) Passing off (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 404: INTELLECTUAL PROPERTY LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Under Article 40(2) (a) of the Constitution of Kenya 2010, there is a fundamental right
providing every person with the right to property; which must be understood to also include
intellectual property. It provides:
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/AUGUST – DECEMBER 2015/LAW Page 105
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Article 40(2): Parliament shall not enact a law that permits the State or any person:
a) to arbitrarily deprive a person of property of any description or any interest in or right
over any description…
In light of the foregoing statement, discuss the need for protection of a trademark and
briefly analyze various remedies available in case of the infringement of the intellectual
property rights. (30 marks)
Q2. a) Briefly discuss the sources of Intellectual Property Law. (15 marks)
b) Distinguish between infringement of a registered trademark and passing off.
(15 marks)
Q3. Write explanatory notes on:
a) Brand management
b) Franchise (20 marks)
Q4. Define the term intellectual property and discuss the nature of trademark.
(20 marks)
Q5. Write explanatory notes on the following terms as used in Intellectual Property Law.
a) Cease and Desist
b) Opposition
c) Expungement
d) Passing off (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CUEA/ACD/EXM/AUGUST – DECEMBER 2015/LAW Page 106
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAIN EXAMINATION
AUGUST - DECEMBER 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 405: INTERNATIONAL ECONOMIC LAW
Date: December 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) “In their trading relationship a contracting statement must extend the most
favoured treatment to its trading partner.’’
Discuss this statement and outline the scope of the Most Favoured Nation (MFN)
obligations. (20 marks)
b) Discuss membership and decision making in GATT/WTO. (10 marks)
Q2. a) In order to ensure that the principles of International Economic Law are observed,
there are numerous international organizations that have been put in place to
regulate and enforce the principles.
In light of the foregoing statement, analyze THREE organizations that play a
significant role in shaping the International Economic Arena.
(15 marks)
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/AUGUST – DECEMBER 2015/LAW Page 107
ISO 9001:2008 Certified by the Kenya Bureau of Standards
b) Distinguish International Economic Law from International Trade Law.
(5 marks)
Q3. a) What are the sources of International Economic Law? (10 marks)
b) Discuss Free Trade Theory as developed by Adam Smith and John Stuart Mill.
(10 marks)
Q4. a) Discuss the World Bank as a specialized agency of the United Nations.
(10 marks)
b) Outline the governing structure of WTO. (10 marks)
Q5. Write short notes on:
a) Exceptions to National Treatment Principle (NTP) (5 marks)
b) Disguised discrimination (5 marks)
c) Discuss why Dumping is considered injurious and outline rules of procedure to be
followed before an anti-dumping duty can be imposed.
(10 marks)
*END*
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