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Cls 106: Law Of Torts Question Paper
Cls 106: Law 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
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 106: LAW OF TORTS
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mrs. Grace and her grandson visited a local ABC drive-through and ordered a cup of
coffee. After pulling away from the window, Mrs. Grace’s grandson stopped the vehicle so
that his grandmother could add sugar and cream to her coffee. Because the car had no
cup holders and a slanted dashboard, Mrs. Grace put the cup between her knees and
removed the lid. As she did so, the slick Styrofoam cup flipped backwards, dumping the
scalding liquid onto her lap saturating the cotton sweat suit she was wearing. KFC required
franchises to serve coffee at 180-1900F. Mrs. Grace was taken to hospital, where it was
determined that she had suffered third degree burns. She remained in hospital for eight
days while she underwent skin grafting. Mrs. Grace suffered permanent disfigurement
after the incident and was partially disabled for up to 2 years afterward.
Applying the product liability principles in torts discuss the possible outcome of this case.
(30 marks)
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Telephone: 891601-6
Fax: 254-20-891084
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Q2. With the aid of decided cases, discuss the liability of the following entities in torts.
a) Persons of unsound mind
b) Trade unions
c) Corporations
d) Judicial officers (20 marks)
Q3. a) Discuss non-judicial remedies in a claim for torts. (15 marks)
b) Subjective standard of duty. (5 marks)
Q4. With the aid of decided cases discuss the common law approach to land owners liability
in torts. (20 marks)
Q5. a) Discuss the Caparo’s test in determination of a duty in torts. (15 marks)
b) Explain, breach of duty. (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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
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CLS 300: LAND LAW I
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. In the year, 1990 Abel Baya bought a 30-acres parcel of land in what is now Nairobi
County. Mr. Baya proceeded to have the land duly conveyed and registered in his name.
He received a certificate of title pursuant to the Registered Land Act, Cap. 300 Laws of
Kenya (now repealed) that acknowledged him to be the absolute proprietor of the land.
He, thereafter, took possession of the property, put up very basic infrastructure, and set
up an open air roast-meat and entertainment facility on one third (10 acres) of the land.
He left the other portion of the land (20 acres) idle, hoping to develop it in future.
However, over the years, because the land was not fenced, part of the idle land (10 acres)
was used by the children of the neighboring public school for their sports activities. The
remaining part (10 acres) was used by the residents in the village that borders Mr. Baya’s
land for small-scale subsistence farming.
As the years progressed, so did Mr. Baya’s fortunes, thus in January 2014 he decided to
put up a more permanent development in the way of a full-blown hotel covering the entire
acreage of the said land.
Upon meeting the necessary requirements for putting up the hotel, and upon obtaining the
necessary approvals for the project from the various governmental agencies, departments
and authorities, in January 2015 Mr. Baya begins preparation for constructing a stone wall
around the entire boundary of the land and for excavating the land for purposes of starting
the construction of the hotel. Three matters, however, impede Mr. Baya’s intentions
unexpectedly. As follows:-
a) During the excavation, there is a discovery of a rich vein of gold in the 10 acres
where he had been conducting the meat-roasting and entertainment business that
is of immense commercial value. What is the legal position with regard to this
finding of gold as far as regards Abel Baya, the National Government of Kenya,
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and the County Government of Nairobi.
(10 marks)
b) The neighbouring public high school with which he shares a boundary claims that
the 10 acres of land that it has been using for sports was in fact originally their
playground, and the school indeed produces government urban planning
documents dating back to 1964 (after Kenya’s independence) that indicate that the
land indeed had been intended to be the school’s playground but was
“mysteriously” allocated together with the other 20 acres by the Kenyan
Government to a Nairobi tycoon, who was registered as absolute proprietor before
he proceeded to sell it to Abel Baya in 1990. What is/are the avenue(s) available
to the Kenyan Government at law to ensure that the public school does not lose
the use of the 10 acres of playground? (10
marks)
c) The neighbours from the village also stake their claim to the 10 acres upon which
they have been farming since 1990. What nature of claim is likely to be made at
law by the neighbours in relation to these 10 acres of land, and what would be the
matters that the court would consider in deciding the legitimacy or otherwise of the
neighboring residents’ claim to these 10 acres of land?
(10 marks)
Q2. Explain, and distinguish between, the deeds system of registration and the title system of
registration. Which is the better of the two systems of land registration and why?
(20 marks)
Q3. Identify and explain the elements that constitute a right/interest in land.
(20 marks)
Q4. a) What are the types of land tenure as set out in The Land Act, 2012 (Acts No. 6,
Laws of Kenya). (6 marks)
b) Enumerate and explain the types of leasehold estates contemplated in Kenya
statutory law. (14 marks)
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Q5. Land is defined at law in its horizontal and vertical dimensions, including previously
movable property that has acquired permanency thereon. Elaborate.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 308: CONSUMER PROTECTION LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. “The concept of human rights plays a vital role in promotion and protection of consumer
rights”. Comment upon the relevancy of this statement with the help of two latest landmark
judicial decisions in this area. (30 marks)
Q2. Discuss in detail the existing legislative framework on consumer protection in Kenya.
(20 marks)
Q3. “Consumers by definition include us all. They are the largest economic group, affecting,
and affected by almost every public and private economic decision. Yet they are the only
important group whose views are often not heard.” In the light of this statement, comment
upon the rights of consumers in Kenya. (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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Q4. The Government, judiciary, parliament, police, press, consumers themselves and the civil
societies plays a crucial role in promotion and protection of consumer rights. Comment.
(20 marks)
Q5. Write short notes on the following:
a) Methods of consumer protection (4 marks)
b) Unfair trade practices (10 marks)
c) Functions of the consumer protection Advisory committee under the consumer
protection Act, 2012. (6marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 416: LAW AND JOURNALISM
Date: April 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. “The legal instruments governing the press derive from every kind of legal process in every
branch of law including public, private, criminal, commercial and administrative… It is
submitted that four separate but related reasons have been used to justify the introduction
of laws which curtail press freedom. These are: the interests of the State, the interests of
the society, the interests of justice and the interests of the individual”.
Law and the mass media in Kenya – A. Okoth-Owiro
Discuss the aforementioned interests, giving relevant illustrations and identifying the
relevant laws in each instance. (30 marks)
Q2. During the riot at a secondary school, your client’s TV station gets to the scene and films
instances of the violent and destructive behavior. The clips carry images of the students
as well as an attempted sexual assault on one female teacher. An unnamed person calls
your client’s TV station during live coverage and takes credit for the rioting. The TV station
goes ahead to announce the names of the injured students and teachers and there is an
immediate surge of frantic telephone calls received at the station by relatives of these
persons who have just received the news via the TV station. The station goes on to carry
images and clips of previous riots in other schools comparing the destruction and at the
same time, urges the public to call in and vote whether or not the head teacher is “qualified
for the job or is a sissy”
Your client’s TV station is thereafter served with a complaint and is due to appear before
the Complaints Commission of the Media Council of Kenya. Advice your client on the
violations of the relevant law(s) if any, that it will face before the commission.
(20 marks)
Q3. What is the rule enunciated in New York Times –v- Sullivan and should the said rule be
adopted in Kenya’s legal jurisprudence?
(20 marks)
Q4. Identify the TWO types of privileges enjoyed by journalists and discuss in detail the said
privileges and their limitations, if any. (20 marks)
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Q5. “Digitalization has introduced numerous changes to the way media operates in Kenya. It
has offered opportunities for greater interactions between producers and consumers of
information. It has also enhanced opportunities for people to produce content and perhaps
challenge the power of established media but despite these arguments; it is sometimes
difficult to vouch for the quality of news, especially that which is sourced from citizen
journalism sites and blogs….”
Discuss this statement and the legal loopholes of “citizen journalism” (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 105: CRIMINOLOGY
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Describe the principle focus of the classical school and positivist school of criminology,
giving your evaluation on the position of each school in their attempt to explain the
phenomenon of crime. (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. How does Lawrence Kohlberg explain the origin of criminal behavior with his theory
of moral reasoning? (20 marks)
Q3. Describe the association between forms and structures of human beings and their
conduct using William Sheldon’s “somatotypes.” (20 marks)
Q4. Discuss how the citizens of Kenya could be helped to conform and adhere to the rules of
their nation through macrosociological studies. (20 marks)
Q5. Identify and explain the basic requirements that must be present in order to qualify a
human event as crime. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 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 106: LAW OF TORTS
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. In 2010, Ken then aged 25 years inherited a 10 Ha farm from his father who had died the
previous year. Soon after he started poultry farm and planted eucalyptus trees to mark
the boundaries of the land. In 2011 a road which passed alongside his land was marked
for improvement by the county government. In the same year his neighbor put up a factory
for the manufacture of copper wires for export.
It has now emerged that:
i) Lorries engaged in the construction of the road are producing noise and dust and
consequently, more so because of the noise his chicken have not been laying eggs
as projected. The dust has also damaged his eucalyptus trees.
ii) Fumes from the factory has caused his wife to develop respiratory problems and
contaminated the only source of water for his farm.
Advice Ken. (30 marks)
Q2. A claim for defamation may be defeated if the defendant relies on any of the recognized
defences. Discuss. (20 marks)
Q3. Citing relevant authorities, examine the view that the torts of assault, battery and false
imprisonment are governed by principles peculiar to the said torts.
(20 marks)
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Q4. Critically examine the objects of the law of torts. (20 marks)
Q5. What, in your opinion, is the justification for strict liability torts. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 107: CONSTITUTIONAL LAW II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. With the aid of decided case law, discuss
a) Supremacy of the Constitution (10 marks)
b) Constitution of Kenya, 2010 and the Supremacy Clause (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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c) Constitution in relation to other sources of Law (10 marks)
Q2. a) Discuss with appropriate illustrations, the concept of judicial independence
(10 marks)
b) Against the background of the law regulating the appointment and dismissal of
judges, assess the role of judicial independence in constitutional practice in Kenya.
(10 marks)
Q3. How did A.V. Dicey define the term “Rule of Law”? Does the concept of rule of Law still
stand today as was postulated by Dicey in 1885? (20 marks)
Q4. Write brief and clear notes on any TWO of the following:-
a) The issues and the decision in Republic – vs - El Mann (10 marks)
b) The issues and the decision in Marbury –vs- Madison (10 marks)
c) Fundamental Rights and any two cited cases (10 marks)
d) Freedom and democracy with clear illustration of any two cited cases
(10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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
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CLS 107: CONSTITUTIONAL LAW II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. The 1933 Montevideo Convention provides the internationally accepted minimum
standard for an entity to gain recognition as an independent state.
Explain the meaning and constitutional importance, of the following notions, used in that
convention.
a) Sovereignty (10 marks)
b) Government (organized political authority) (10 marks)
c) Constitutionalism (10 marks)
Q2. With the aid of case- law examples, compare and contrast between a conservative
approach, and a liberal approach to constitutional interpretation.
(20 marks)
Q3. Using the national constitutions of Kenya and the United Kingdom as your primary points
of reference critically distinguish between parliamentary sovereignty and constitutional
democracy. (20 marks)
Q4. Referring to decided cases, distinguish between “positive obligations” imposed on states
by economic, social and cultural rights, and “negative obligations” imposed by civil and
political rights. (20 marks)
Q5. Referring to the Constitution of Kenya 2010 and the Constitution of South Africa 1996,
flesh out the meaning of the following concepts:
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a) Social justice (10 marks)
b) Human dignity (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 108: CONTRACTS II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Jamila Isa and her husband Ismael, live in a 3 bed semi-detached house in Nyali,
Mombasa. Jamila and Ishmael are planning to celebrate the engagement of their
son Lee, to Collette. Jamila wants to invite all her friends and extended family
members to this party. She wishes to extend her kitchen and to do so; she will
need to have the internal wall dividing the kitchen and the dining room removed.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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She has instructed her local firm of builders, Shingley Interiors Ltd to carry out the
necessary renovations work. They agree that the cost of the work will be
KSh500,00 to be paid upon completion of the work which was to take two weeks.
At the end of the first week, the contractors called Jamila stating that they will not
be able to complete as they have received an offer to construct the newly
established Ministry of Sports Premises. Jamila is extremely unhappy with the
quality of work carried out. Some of the kitchen units have not been fitted and the
appliances that have been fitted have not been fitted with the specifications
supplied. The builders are demanding payment for the work carried out.
Advice the parties. (20 marks)
b) Discuss the exceptions to the rule that silence does not amount to
misrepresentation. (10 marks)
Q2. ‘The main object of damages of contract is to put the plaintiff in so far as money can do
it….in the same situation….as if the contract had been performed’ (Robinson vs Harman
(1848). Explain how this principle operates in practice, and discuss any exceptions that
they may be to it.
(20 marks)
Q3. Kidero is offered a post as a research chemist with Quaxo 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 on considerably
lower salaries than the lucrative one which he is being offered. Reluctantly he accepts.
The restraint clause provides that Kidero is not to be employed “as a research chemist by
GlaxoSmithKline Plc (GSK) or by any other company in pharmaceuticals, within three
years of his employment with Quaxo Ltd. One year later, Kidero with due notice,
terminates his employment contract with Quaxo Ltd and accepts employment with
GlaxoSmithKline (GSK) as a research chemist specializing in research anti-arthritis drugs.
GlaxoSmithKline (GSK) is a Quaxo’s main rival in the Kenya market of anti-arthritis drugs.
Advise Quaxo Ltd. (20 marks)
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Q4. Using illustrations case law, make notes on:
a) Anticipatory breach (5 marks)
b) Specific performance (5 marks)
c) Effects of mistake as to quality in a contract (5 marks)
d) Quasi contracts (5 marks)
Q5. a) Outline the scope of duress (5 marks)
b) Using illustrative case law, distinguish the different classes of undue influence.
(8 marks)
c) Briefly discuss the Doctrine of non est factum. (7 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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
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CLS 108: CONTRACT II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Simon a shepherd, has decided to retire. His working sheepdog, Toby is only three
years old and so he places an advertisement in the local newspaper, which states:
“Lovely pet sheepdog. Likes children. Local pet and pure breed. Only Ksh.20,000.
If interested, come and visit me at Uphill farm. Una has three young children and
read the advertisement. She travels to Uphill farm to see Simon and the dog.
Simon tells her that Toby likes children and that he would, in his view, be a good
family pet. Una is unsure. Toby growls at her and hides behind Simon but Simon
reassures her that he is simply shy. Una is attracted by his colouring and hopes
that she will be able to use him for breeding and pay Ksh.20,000 for Toby. Toby is
eventually persuaded to travel home with Una. Toby is friendly with children, but
herds them together and will not let them out of the house without growling at them,
terrifying her younger son, Victor. Toby is also destructive and destroys Una’s
furniture causing Ksh. 100,000 worth of damage. Una later discovers that she is
unable to breed from Toby as he is actually a cross breed and therefore worthless.
Advise Una of any remedies she may have against Simon (20 marks)
b) Using illustrative case law, discuss the qualifications that must be met for the
remedy of rectification to be given by the courts. (10 marks)
Q2. a) Discuss the general rule about recovery of money or property transferred under an
illegal contract. (13 marks)
b) What are the exceptions? (7 marks)
Q3. It is well settled that the governing purpose of damage is to put the party whose rights have
been violated in the same position, so far as money can do, as his rights had been
observed …..This purpose, if relentlessly pursued, would provide him with a complete
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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.
(As LJ is Victoria Laundry (Windsor) Ltd vs Newman Industries (194a)
Critically evaluate this statement. (20 marks)
Q4. The County of Kilifi, decided sometime ago, to celebrate its long history with a parade and
pageant through the street of the town on May day. The Parade was to include a rather
scantly dressed Lady Godira on carmel back as well as characters from the Malindi’s
recent history.
Salim, a local businessman, thought it would be a good idea to celebrate his wife Amina’s
birthday in style, so he booked a suite of rooms in Watamu Beach Resort for the party,
overlooking the routes which the parade was expected to tax. It was agreed that the Hotel
would pack food and drink for the party. He paid Kshs. 50,000 making it clear that he
wanted a room to see the procession.
There had been a fair bit of agitation against the procession in the city particularly from a
group calling itself “Women Against Exploitation who regarded the parade as
outrageously, sexist and called for it to be banned. Two days, before it was due to take
place. Kilifi county bowed to pressure and called the entire event off.
When Salim heard this he called Watamu Beach Resort and said that he was no longer
interested in hiring the room. The hotel replied that as far as they were concerned the
booking still stood and they would go ahead and parade the catering for Salim’s wife’s
birthday as agreed.
Salim and his guests did not attend on the day in question. Nevertheless the hotel sent
him a bill. He counter claimed for the return of his deposit. Miss Rukia who was employed
for the day to play of Lady Godira, is suing the Kilifi county for breach of contract.
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Advise Salim and the Kilifi County Council. (20 marks)
Q5. Using illustrative case law, make short notes on:
a) Anticipatory breach (5 marks)
b) Injunction (5 marks)
c) Doctrine of Non Est factum (5 marks)
d) Quasi contract (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 109: SOCIAL FOUNDATIONS 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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Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Contextualize Hobbes Theory of Law in:
The philosophy of natural law theory and analyze the various criticisms leveled
against Hobbes theory of Law. (20 marks)
a) Discuss the rationale behind the duty to obey the law. (10 marks)
Q2. Explain the constitutional as well as statutory laws in place for the protection of the minority
groups in Kenya. Are these laws effective? (20 marks)
Q3. Analyze the contribution of the legal profession/fraternity in the development of law in Kenya.
What are the setbacks that hinder their effective contribution (if at all)?
(20 marks)
Q4. Discuss law as an instrument of instigating and initiating social change and point out its
advantages over other modes. (20 marks)
Q5. Write explanatory notes on:
a) Law and gender (5 marks)
b) Law and drug abuse (5 marks)
c) Professor Harts theory of law (5 marks)
d) Kelsen’s grund norm (5 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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JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 209: SOCIAL FOUNDATIONS OF LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) After the Street Offenses Act passed in 1959, it was difficult for prostitutes to solicit
customers on the street. The Defendant noting this difficulty, decided to assist the
prostitutes by publishing a ‘Ladies Directory’ which listed the names, addresses
and phone. He was charged with conspiracy to corrupt public morals. He argued
that the charge was illegal because there was no such law made for punishing
conspiracy to corrupt public moral crimes. Did the court have the discretionary
power to punish the defendant under the public moral’s principle? Explain.
(20 marks)
b) Distinguish between law and morality. (10 marks)
Q2. a) Pure theory of Law is also known as the Kelsen’s theory. It aims at recognition
focused on the law alone and not law influenced with impurities. Explain.
(15 marks)
b) What does Kelsen mean by ‘Grund Norm’? (5 marks)
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Q3. a) In the words of Richard Wassertran ‘One has absolute duty to obey the law.
Disobedience is never justified’. Do you agree/disagree? (10 marks)
b) Examine the constitutional and other legal provisions put in place by the
government for the protection of minorities. (10 marks)
Q4. There are a number of ways of creating social change in a social environment. They
include law, riots, education, demonstrations, coups etc. Of all these, law is the most
preferred. Elucidate the role of law in social change and its advantages over other modes.
(20 marks)
Q5. a) Discuss the role of the legal profession in the development of Law in Kenya
(15 marks)
b) Distinguish between Positive law and Natural law (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 23
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CLS 111: INTRODUCTION TO CANON LAW
Date: April 2015 Duration: 2 Hours
Instructions: Answer Question ONE and ANY OTHER TWO Questions
Q1. Give the canonical meaning of the following terms:
a) Vacatio legis
b) Abrogation of law
c) Incapacitating law
d) Centennial custom
e) Rescript
f) Ordinances
g) Respondent
h) Latae sentential penalty
i) Ecclesiastical goods
j) Prescription (50 marks)
Q2. Mention the SEVEN sacraments, their matter and form and the significance of those
sacraments in the Church.
(20 marks)
Q3. Give and explain THREE rights and obligations of lay Christ’s faithful.
(20 marks)
Q4. Define the ministry of the word and give its goal, means and agents.
(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/JANUARY – APRIL 2015/LAW Page 24
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 200: CRIMINAL LAW I
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. During a soccer match between Wazalendo and Taifa teams, supporters of opposing
teams started jeering at each other. Some made comments about the unsuitability of the
opposing teams’ players. Taifa won and as soon as the final whistle was blown, the fans
of Wazalendo rushed into the field to fight with supporters of Taifa. Some Taifa fans fled
but others stayed to fight. In the ensuing melee, four teenagers were trampled to death. A
few Wazalendo supporters were arrested by policemen who responded to the scene. The
policemen discovered that a large number of supporters of both teams had been drinking
alcohol before and during the match. The four arrestees were charged with murder.
With the help of relevant case law, discuss whether the defendants are guilty of the
charged offence. (30 marks)
Q2. Legal causation is a mechanism that helps judges to determine criminal culpability by
establishing the actor or actors whose conduct is the operative cause of a resulting illegal
harm.
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a) Outline the rules that guide courts in establishing legal causation. Illustrate the
application of the rules using case law. (10 marks)
b) What is the distinction between legal and causation and factual causation?
(4 marks)
Q3. Bahati a violent gang member phoned Pendo and asked him to accompany him to the
home of a rich women so that together they could rob her of money and jewelry. Pendo
know Bahati’s propensity for violence. Fearing retaliation from Bahati if he declined, Pendo
reluctantly agreed. Both men carjacked the woman and tied her up. They forced her in the
trunk of her car and left the car packed in a forested area which was an hour’s drive from
the woman’s home. They then drove to the woman’s home. Since she live alone, they
entered and took her personal property. Later, Pendo was arrested and charged with
robbery with violence. The jurisdiction defines robbery with violence as follows:
“trepassory taking of the personal property of another by use of
force at the time of taking”
In his defence, Pendo argued that there was no coincidence between the taking and the
application of force.
a) Discuss the applicability of the contemporaneity rule in regard to Pendo.
Illustrate your answer with the use of case law.
(10 marks)
b) Can Pendo be charged with conspiracy to commit robbery?
(4 marks)
c) Can Pendo successfully raise duress as a defense?
(6 marks)
Q4. a) With the use of relevant case law, discuss the meaning of “disease of the
mind” as an element of the defense of insanity. (10 marks)
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b) With the help of relevant case law discuss the applicability of the defense of
intoxication. (10 marks)
Q5. Write explanatory notes on ANY FOUR of the following:
a) The difference between burden of proof and standard of proof (5 marks)
b) “Justification” defenses and excuse defenses (5 marks)
c) The rule on multiple sufficient causes (5 marks)
d) The year and a day rule (5 marks)
e) Attempt as an inchoate crime (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 201: CRIMINAL PROCEDURE AND PRACTICE
Date: April 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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ISO 9001:2008 Certified by the Kenya Bureau of Standards
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Linus was arrested on Monday 2nd February 2015 at 9.00 am, at Rongai town for allegedly
breaking into Njoroge’s house and stealing his television set, computer and sofa sets. In
the process of the robbery, the watchman Kantai was seriously injured and admitted at
Karen hospital.
Linus was arrested and put in custody at Langata Police station awaiting formal charges
to be made at Milimani Law Courts. While in custody, he overhead the discourse amongst
other cellmates about the first appearance in Court. Steve, one of the cellmates was
advising the rest on the contents of a charge sheet and how to challenge the same.
This is Linus’s first court appearance and he does not understand what charges he would
be facing in court on Tuesday 3/2/2015.
a) Explain what is a charge sheet and the statutory requirements of a charge sheet.
(10 marks)
b) Draw a proper charge sheet for this case. (20 marks)
Q2. a) With the aid of relevant case law and statutory provisions, discuss FIVE types of
sentence under the Kenyan Law. (10 marks)
b) Citing relevant case law and statutory provisions explain in detail the criminal trial
process. (10 marks)
Q3. a) Critically discuss the guidelines set by the court in Adan V REA 445 as regarding
a plea of guilty. (10 marks)
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b) Identify and discuss the factors that a court can consider when determining
whether to release an accused person on bail or not pending a trial.
(10 marks)
Q4. a) With the aid of case law and statutory provisions discuss FIVE type of sentences
under the Kenyan Law. (10 marks)
b) Examine the enforcement, interpretative and supervisory jurisdiction of the High
Court of Kenya in criminal matters in Kenya. (10 marks)
Q5. Write explanatory notes on:
a) The Court Martial
b) Anticipatory bail
c) Warrant of Arrest
d) Arrest without a warrant
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 29
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CLS 201: CRIMINAL PROCEDURE AND PRACTICE
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mr. Toza and his wife Sara are residents of Misori town of Kisumu County in the Republic
of Kenya. On 8th March 2014 they put their daughter, Modesta to bed, locked all doors and
went to bed. At around midnight they were awakened by a gang of three men who had
gained entry into their bedroom. They realized that the gang had smashed the main door
worth KSh.80,000.
The gang ransacked the house, picked Mr. Toza’s three mobile phones worth KSh.60,000,
Mrs. Toza’s HP laptop valued at KSh.50,000 and a 42 inch plasma TV valued at
KSh.160,000 properties of Mr and Mrs. Toza. The gang put a sack around Mr. Toza’s
head, grabbed Sara and pinned her down as one of them named Charleo Mdaku had sex
with her.
At the same time another gang member named Sina Bahati went into the children’s room
and had sex with Mr and Mrs. Toza’s daughter, Modesta aged 14 years. The gang then
packed their loot into a pickup truck registration number KCA 120X valued at KSh.2.5M
belonging to Mr. Toza’s brother and drove off at about 2.00a.m. The third gang member,
Ponda Mali was driving.
Mr and Mrs. Toza reported the incident to Misori Police Station. They gave vivid
descriptions of the gang whom they claimed they had seen very well during the ordeal.
As an officer in charge of investigation, you have arrested three suspects answering to the
descriptions given by the victims.
a) During arrest of the suspects, what would you announce as the reason(s) for their
arrest? (3 marks)
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b) What legal procedure would you invoke to ensure a fair and objective outcome?
(2 marks)
c) Describe the process of implementing the above mentioned procedure.
(10 marks)
d) State the offence(s) disclosed by the above-narrative and draft the requisite
charges. (15 marks)
Q2. (a) i) State the THREE classifications of bail. (3 marks)
ii) Outline any THREE objects of bail in criminal litigation. (3 marks)
b) Outline any SIX principles that guide in the grant or refusal of bail.
(12 marks)
Q3. (a) You are a prosecuting counsel. A police officer on completing his investigation
hands over the file to you for purposes of commencement of a trial.
a) What is the importance of maintaining a file before commencement of trial?
(2 marks)
b) Explain the content of:
i) Your file (10 marks)
ii) Defense file (8
marks)
Q4. Outline the plea-taking process where:
a) The accused pleads not guilty (12 marks)
b) The accused pleads guilty (8 marks)
Q5. Evaluate the elements and content of a court judgment in a criminal case.
(20 marks)
CUEA/ACD/EXM/JANUARY – APRIL 2015/LAW Page 31
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 202: EVIDENCE I
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Explain the legal principles in (a) and (b) below:
a) Kitili, a mentally handicapped 13 year old is the complainant. She claims that she
is the victim of an indecent assault. She has been interviewed on video tape which
consists of her examination in chief. She is unable to recall anything during her
cross-examination. (10 marks)
b) Wanjiru reluctantly appeared in court and gave evidence against her husband.
She gave answers that were inconsistent with her statement and was made a
hostile witness and cross examined by the prosecution. Her husband was
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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convicted; she had been warned by the prosecutor and told that she had to come
to court. (8 marks)
c) The defendant had a quarrel with the prosecutor’s son at a public place in Nairobi
West. After the defendant had left the public place, the prosecutor along with his
son and others walked home along what happened to be the street where the
defendant lived. Whilst passing the house, the prosecutor was struck on head by
a stone which came from the direction of the defendant’s home suffering serious
injury. The defendant was seen entering his house shortly after the stone had
been thrown. The prosecutor’s son and a police officer broke down the door of the
defendant’s house finding the defendant and his father who was asleep in a state
of intoxication. Shortly before it was thrown, a witness said that he had seen the
defendant come up behind the prosecutor, passing him on the opposite side of the
street. At the time the stone was thrown, there was no one except the defendant
on eth side of the street from where the stone came.
You are a state counsel, recently hired and keen to impress your employer. The
state law office has asked you to suggest the legal issues rated in each of the
above cases and suggest how and why the judge is likely to rule them.
(12 marks)
Q2. a) How would you impeach the credibility of a witness? (5 marks)
b) How would you contradict the oral evidence if a witness in court by a previous
statement of his?
i) A witness is asked whether he was dismissed from his job in a factory in
Nairobi on account of cheating for which he was subsequently convicted,
he denies both. Is evidence that he was dismissed for cheating and also
the conviction admissible?
(5 marks)
ii) In a trial for rape, the prosecutrix is asked whether she had sexual
intercourse with another person, not the accused. Is the question
permissible? (5 marks)
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iii) A person appears to stand as surely for an accused person and he is asked
whether he was convicted of perjury twenty years ago. Is the question
permissible?
(5 marks)
Q3. “Evidence may be relevant for a fact in issue either directly or circumstantially”. Analyze
this statement in light of Kenya Evidence Act Cap 80. (20 marks)
Q4. Discuss the various forms of evidence which may be admitted in court.
(20 marks)
Q5. “It is too simplistic a view of the law that legal burden of proof lies on the plaintiff in civil
cases and on the prosecution in criminal cases.” Discuss.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 202: EVIDENCE I
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/JANUARY – APRIL 2015/LAW Page 34
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. R-v- Romeo and Juliet
Romeo and his lover Juliet were charged with conspiracy to murder and the murder of
Juliet’s husband, Money Bucks. It is the prosecution’s case that Romeo and Juliet agreed
that Romeo would do the killing and thereafter run away to Sunset Island after receiving
the life insurance money on Money Bucks death. The deceased was stabbed to death and
there are no witnesses to the said crime.
The prosecution wishes to adduce certain evidence. Critically examine the same and
referring to the Evidence Act and relevant case law, advise the Honourable Judge on the
relevance and admissibility, or otherwise, of the same.
i) Photographs, depicting Romeo and Juliet’s steamy love affair, found in Romeo’s
laptop which was seized from his home by the police without a search warrant.
ii) Romeo’s statement to his brother when he came to visit him in remand; “That
woman is a witch, I tell you. She has turned me into a devil and I can’t get away.”
iii) Juliet’s former advocate is to testify that six months before Money Bucks’s death,
Juliet asked her advocate if she could collect the insurance money if her husband
died under mysterious circumstances. Her advocate had advised her that if it was
death in the hands of another, she could still get the money.
iv) A statement made by Money Bucks to his mother a month before he died. His
mother is to testify that Money Bucks told her that, “Mama, you were right; Juliet
will be the death of me! I am leaving her as soon as I change my final will.”
(30 marks)
Q2. Estoppel is a legal principle which precludes one from asserting a fact or a right
CUEA/ACD/EXM/JANUARY – APRIL 2015/LAW Page 35
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or prevents one from denying such fact. Discuss estoppel by record and the
limitations to it. (20 marks)
Q3. Critically outline the privilege usually accorded to “without prejudice”
communications in civil proceedings and the exceptions, if any, thereto.
(20 marks)
Q4. “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
Discuss this statement in light of the right of a suspect/accused to remain silent.
(20 marks)
Q5. The presumption of legitimacy, it is argued, is outdated in the day and age of assisted
reproductive technology (artificial insemination, IVF etc). Applying the said presumption,
discuss this statement (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 36
ISO 9001:2008 Certified by the Kenya Bureau of Standards
REGULAR PROGRAMME
CLS 203: CIVIL PROCEDURE I
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Mr. Loliondo is an author of literary books. On 10th July 2014, he presented his
unpublished novel to Mutongoi Publishers who had contracted to undertake the editing
as well as publishing of the novel at a flat rate of Kshs. 2500/=. Loliondo paid the entire
amount to Mutongoi Publishers on 20th July 2014. Three weeks later, Loliondo discovered
that Mutongoi Publishers had published 200,000 copies of the novel as their own. The
novel went viral and in no time all the 200,000 copies had been sold out at the price of
Kshs. 500/= each. Loliondo confronted Mutongoi Publishers who denied having entered
into any contract with him. To make matters worse Loliondo had taken a loan to facilitate
this project and he was required to immediately pay off the loan within two months of the
books launch and in any case not later than 10th November 2014. The bank has now
seized Loliondo’s property worth Kshs. 4,000,000/=. Loliondo has come to your chambers
with instructions to institute a suit.
a) Draft the plaint. (5 marks)
b) State the documents that must accompany a plaint when filing.
(5 marks)
Q2. Citing relevant rules and case authorities explain the purpose of the civil procedure rules
and in doing so; discuss the Double “O” or oxygen principle.
(20 marks)
Q3. With the aid of the relevant rules and case law, discuss the rules of pleadings as
well as the various modes of instituting civil proceedings. (20 marks)
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Q4. a) With the aid of case law, discuss the difference between the principle of Res
judicata and the rule of subjudice. (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 a litigant. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 204: ADMINISTRATIVE LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. A recent (fictitious) statute, the Places of Entertainment Act, criminalizes the use of
premises as places of public entertainment without a license. The license is to be obtained
from the local authority which is empowered to inspect premises with a view to ensuring
that they are safe. The local authority may on the grant of such a license impose ‘such
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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conditions as it thinks fit’ and may require the payment of ‘such fee as it thinks reasonable’.
(Earlier legislation dating from 1970, fixed the fee payable at Ksh.50/-)
Consider the following cases:
a) Utawala Local Authority on granting Basil a license, imposed the following
conditions:
i) Basil is to prevent the use of illegal drugs on premises.
ii) No person under the age of 16, whether or not accompanied by an adult,
is to be admitted to an entertainment on the premises.
Advise Basil. (3 marks)
b) Ukwala Local Authority gave no consideration to the new power to charge what
fee it thought reasonable and continued to charge Ksh.50/=. Advise Rashid a
ratepayer. (3 marks)
c) Moyale Local Authority decided that the fee should be Ksh.5,000/= in each case,
taking the view that this roughly represented the fall in the value of money since
the Ksh.50 fee was fixed in 1970. Advise Moraa an applicant for a license.
(3 marks)
d) Nyamira Local Authority calculated the total cost of examining the relevant
premises in its area to be Kshs. 200,000 and resolved to raise the sum by the fee
payable for license, and the individual fees to be calculated by reference to the
size of the premises in question. In the case of Wafula, a licensee, this worked out
at Kshs. 2,000/- (the previous fee being as stated Kshs. 50. Advise Wafula.
(12 marks)
e) “One of the fundamental principles of Administrative Law is that the violation of the
principles of Natural Justice initiates an administrative action which may be
quashed by a Court of Law”. Against the backdrop of this statement discuss the
effect of breach of the Rules of Natural Justice.
(10 marks)
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f) Discuss the advantages and disadvantages of Delegation of Legislation power.
(8 marks)
Q2. “Administrative Law is the citizens’ protection against the abuse of power”. Consider this
view of the subject. (20 marks)
Q3. Statutory attempts to exclude the Judiciary from reviewing administrative action are a
threat to the Rule of Law and therefore interpret such clauses restrictively. Discuss.
(20 marks)
Q4. Following an epidemic the Ministry of Health considered whether or not to recommend to
the public to use a particular drug to prevent a future similar epidemic. It did recommend,
so taking the view that the public interest in the use of the drug in preventing a recurrence
of the epidemic outweighed any disadvantages arising from the possible injury that might
be suffered from its use in a small proportion of cases. Relying on the recommendation,
Mariga used the drug and was injured by it. He has commenced that proceedings against
the Ministry of Health alleging:
i) That in arriving at its decision the Ministry has failed to give proper weight to the
interests of those who might be adversely affected by the drug; and had failed to
take into account of the published research into the effect of the drug; and
ii) That the advise published by the Ministry as to the use of the drug was negligent.
The Ministry has applied to the Court to have the allegations struck out as
disclosing no cause of action. Consider the likely outcome of that application.
(20 marks)
Q5. Explain the main grounds for an Application Under the Order 53 proceedings.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CUEA/ACD/EXM/JANUARY – APRIL 2015/LAW Page 40
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 205: CRIMINAL LAW II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Moses is an ardent admirer of big cars. He owns no car of his own. One night as he
strolled leisurely in the estate he passed through a lonely dumpsite and sported a Subaru
forester which appeared abandoned. He examined the car closely and realized that its
doors were unlocked. Its keys were in the dashboard yet there was no one on site.
He drove away the car counting his luck. He did not report to the nearest police station,
he did not try to ask around if anyone knew the car owner.
It transpired later that the car indeed was abandoned but by car hijackers who used it for
escape from another crime scene. The rightful owner had reported the matter to the police
who were looking for the car. Moses was arrested at once by police and charged.
c) State the offence(s), if any, that Moses has committed in the above fact pattern.
(2 marks)
d) What are the elements of the offence stated in (a) above?
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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(8 marks)
e) i) With the aid of case law and statutory provisions, explain to Moses
how the court is likely to resolve his matter when he is finally arraigned in
court. (16 marks)
ii) Would the court findings be any different had the car been abandoned by
its owner? Explain. (4 marks)
Q2. Tom disagreed with his neighbor, Willy. He (Tom) then considered that the best way to
punish Willy was to set his house a blaze at night when his (Willy’s) family members were
asleep. He also burnt down the neighbour’s pasture. Willy’s family members escaped but
with various degrees of burns.
Explain clearly the offence(s) with which Tom is likely to be charged outlining the elements
of each named offence(s). (20 marks)
Q3. Marie wishes to secure a form one slot in a national school for her daughter who
has just received her standard eight results. She approaches the school’s
secretary who assures her that she can help out. The secretary however informs
Marie that she would have to deliver to the secretary Ksh.150,000 to facilitate the
admission. Marie agreed to this and delivered the said amount whereupon an
admission letter is promptly given to her.
The Local County Education officials got wind of the events in the school and
alerted the police. Both Marie and the school secretary were arrested questioned
and are in custody.
You are a prosecuting counsel and have been assigned this task. Explain to both
parties – Marie and the secretary their crimes (if any) and the punished that may
follow if convicted. (20 marks)
Q4. a) Distinguish between robbery and robbery with violence. (6 marks)
b) Leso and two others confronted a tourist and took away his camera and
unknown amount of money in foreign currency. The three were later
arrested and released on cash bail.
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On arraignment in court they were convicted of robbery (simple robbery).
Was the trial court justified in its finding and holding? Explain your answer
fully. (14 marks)
Q5. A woman walked into your chamber complaining bitterly that her husband has been raping
her consistently for a whole week. She informs you that she plans to press for a charge of
rape against her irate husband.
Advise her regarding the current position of the law on rape and therefore her
chances of success in the matter. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 206: LAW OF EVIDENCE II
Date: April 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. Mr. George Craig is facing a three count charge at the Milimani Law Court of criminal
conspiracy, rape and murder of Shantel, his adopted daughter. The prosecution has lined
up the following persons as the star witnesses:-
a) Marygold, the accused person’s wife
b) Sidney, the 9 year old son of the accused person
c) Lucky, a deaf and dumb friend of the accused person.
As the Defense Advocate and as part of your preparation for the case kindly evaluate the
eligibility and compensate of the prosecution witnesses.
(30 marks)
Q2. Defamation on the social media is on the increase. However, litigants as well as
Advocates are reluctant to sue because of the difficulty of proving satisfactorily this type
of evidence that are electronically generated. Discuss.
(20 marks)
Q3. In the light of the so many exceptions to the hearsay rule, do you think the rule is
still relevant in our law and practice of evidence?
(20 marks)
Q4. In criminal proceedings, the fact that the accused is of good characteristics is admissible.
To the contrary, evidence of the bad character of the accused is inadmissible. Discuss.
(20 marks)
Q5. Before any private document, it may be admitted in evidence, it must be proved to be
genuine. Discuss. (20 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 207: CIVIL PROCEDURE II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Mr. Siasa Kali has lost in an election for senatorial polls but has genuine reasons
and evidence which is strong enough to prove that he lost unjustly and that the
elections were bungled.
He comes to you indicating that he would like to sue but has been informed that
there is something called Alternative Dispute Resolution (ADR) Mechanisms for
resolving disputes. Can he use ADR in this case? If not why? What would his
pleading be? (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) What is the difference between ADR and Arbitration? Explain using an example of
an arbitration clause the significance of the arbitration clause.
(10 marks)
c) Why is the role of court in arbitration hearing limited? (5 marks)
Q2. Briefly explain grounds and the remedies of a party who has made an application for
judicial review citing the necessary procedure to be followed?
(20 marks)
Q3. Explain with the help of decided cases the various types of injunctions.
(20 marks)
Q4. Answer the following briefly:
a) International Investment Arbitration (5 marks)
b) Appeal and Review (5 marks)
c) Bill of Costs and Taxation (5 marks)
d) Remuneration order (5 marks)
Q5. Discuss in detail International Commercial Arbitration. (20 marks)
*END*
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 207: CIVIL PROCEDURE II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Citing relevant rules and case law, discuss the various steps to be taken before
the trial of a civil suit. (15 marks)
b) With the aid of case law, discuss the essential elements of a judgment.
(10 marks)
c) Discuss the various effective ways of cross examining an expert witness.
(5 marks)
Q2. Motema Pembe Ochestra Band produced a song titled “Fundamentoos” four months ago.
It has dominated the airways as a great hit. The sales are incredibly high and spreading
across the East African region. Music pirates incorporated in River Road, Nairobi have
copied that song and are selling it on recorded CDs and cheap audio cassettes. If left
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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unchecked, the continued selling of these cheap and offending gadgets will ruin the
original producers of the song. Alarmed by this turn of events, Motema Pembe Ochestra
Band came and instructed you to put an end to the piracy of their song, and remove the
offending CDs and audio cassettes still stocked in the stores of music pirates incorporated,
using the judicial process. You have filed a suit to address these concerns and to obtain
the desired remedies. The suit will take time to be decided. In the meantime your client’s
interest will continue to be in grave jeopardy.
Required:
Discuss the protective measure you will ask the court to take as the trial is awaited,
outlining governing principles. (20 marks)
Q3. At the conclusion of the hearing of a civil suit in which Kazushi was the plaintiff claiming
Ksh. 6,000,000/= against the defendant John Matatizo, the plaintiff prevailed,and the sum
claimed was awarded as prayed in the plaint. Dissatisfied by this decision, Matatizo wishes
to appeal against it. The decision was of the High court of Kenya at Kakamega. Matatizo
approaches the law firm of Messrs Wakili Shapavu & Co. Advocates and gives instructions
to file an appeal to the court of Appeal, to seek the reversal of the decision of the High
Court of Kenya. Your Senior Advocate instructs you to prepare for his consideration, a
brief as to what is required to file an appeal to the court of Appeal, and what to file in that
court.
Required:
Explain the procedure and the documents required in instituting the civil appeal desired.
(20 marks)
Q4. Discuss the principles applicable in an application for review of a judgment or ruling of the
court, supporting your answer with relevant rules and case laws.
(20 marks)
Q5. Discuss the objectives and the types of questions permissible in each processes
in a civil trial.
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a) Examination – in chief (7 marks)
b) Cross – Examination (7 marks)
c) Re – examination (6 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 208: LAW OF EQUITY
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) “The doctrines of this court ought to be as well as settled and made uniform almost
as those of common law, laying down fixed principles, but taking care that they are
to be applied according to the circumstances in each case. I cannot agree that the
doctrines of this court are to be changed with every succeeding judge. Nothing
would inflict on me ‘greater pain, in quitting this place, than the recollection that I
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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had done anything to justify the reproach that equity of this court caries like the
chancellor’s foot.
Per lord Eldon in Gee vs Pritchart (1818) 2 Swans 402 at 414
Discuss. (20 marks)
b) Define a perpetual injunction and discuss the rules that govern the granting or
refusal of this remedy in Kenya. (10 marks)
Q2. Discuss the following maxims of equity and illustrate their application in legal claims:-
a) Where the equities are equal the first in time shall prevail.
b) Where there is equal equity, the law shall prevail.
(20 marks)
Q3. Citing relevant authorities, critically discuss FOUR types of contracts which are not
specifically enforceable. (20 marks)
Q4. Identify and discuss FIVE equitable remedies and how they can be applied.
(20 marks)
Q5. a) Discuss what is meant by the term ‘Trust’. (2 marks)
b) Explain how trusts may be classified. (12 marks)
c) Briefly discuss the THREE certainties of an express private trust.
(6 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 208: EQUITY LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Abraham sells land to Benson for Kshs.20,000,000/= in Lang’ata upon a written
agreement for the sale. The written agreement is duly executed by the parties. Among its
provision is that Benson is to pay a 20% deposit, and that he will receive the Certificate of
Title and other completion documents that will allow him to transfer the property to his
name, as well as vacant possession, upon paying the balance of the purchase price in 90
days’ time. Benson pays the 20% deposit to Abraham as agreed.
About a month later, Abraham receives an offer of Kshs.35,000,000/= from Charles for
the same parcel of land in Lang’ata. He does the math and decides that it is an offer that
he cannot turn down. He enters into an agreement with Charles, who pays the purchase
price in full and awaits Abraham to hand over to him the certificate of Title and other
completion documents.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Upon receiving the said Certificate of Title and completion documents from Abraham,
Charles takes possession of the land, and it is at this juncture that Benson discovers what
has happened. Charles confirms to Benson the position, and informs him that he intends
to have the land transferred to his name in a weeks time.
With the use of case law, discuss the remedies available to Benson to protect his shortterm
and long-term interest in the land, if any, noting to explain the grounds upon which
the remedies can be sought, against whom they can be sought, and the underlying
principles that would influence the granting or otherwise of the remedies.
(30 marks)
Q2. “If we were to be asked what is the greatest and most distinctive achievement performed
by the Englishmen in the field of jurisprudence, I cannot think that we should have any
better answers to give than this, namely, the development of the trust idea”. Such was the
view of the English scholar Maitland.
Discuss the factors that influenced, and the notable developments in, the advancement of
the system of justice and itself gave birth to the trust idea referred to by Maitland above.
(20 marks)
Q3. Define specific performance, and set out the general principles upon which it is awarded
by the Courts and the defenses that would be available, against an application for specific
performance. (20 marks)
Q4. Enumerate, and briefly explain and illustrate through the citation of one authority for each,
at least ten salient maxims of equity. (20 marks)
Q5. With the aid of judicial precedents, provide examples of instruments that the court will
rectify and that the court will not rectify. (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
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MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 209: SALE OF GOODS & AGENCY LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Explain to which, if any of the following transactions would the Sale of Goods Act apply:
i) Rusty agrees to buy Dougals’s garden shed which rests on a concrete base in
Dougals’s garden. (5 marks)
ii) Smith & Co is owed $100 by John. Smith sells this debt to the Grabit Debt collection
Agency. (5 marks)
iii) Star pays shine $100 for a car which shine may win in a race.
(5 marks)
iv) Rally buys fog lights for his car from a garage which also fits them.
(5 marks)
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v) Mogul Petrol offer free glasses to any driver buying more than four gallons of petrol
at anyone time. (5 marks)
vi) Reader exchanges a book for a book (5 marks)
Q2. Ali agreed to buy Ben’s car provided Ben made certain modifications to the car’s engine.
Ben agreed and Ali gave Ben a deposit of 10% of the price. Ben made the
modifications but, before he could inform Ali, the car was destroyed in a fire at Ben’s
garage.
Ben, who was uninsured, is demanding that Ali pays the agreed, price for the car.
Ali refused to do this. He is demanding the return of his deposit and is threatening to sue
Ben for non delivery of the vehicle.
a) Advise the parties (15 marks)
b) Explain Authority of an agent by necessity (5 marks)
Q3. Dax Ltd wish to rent some office space. It contracts with John, who tells it that he owns a
building that would be suitable. It transpires that John does not own thebuilding, and the
building is in fact owned by a company of which John is Managing Director. Further, John
does not have express actual authority to lease out the building, although he has done so
in the past with the board’s acquiesce. After discovering this, Dax Ltd find an alternative
building that is more suitable, and informs John that it does not consider itself bond by the
contract and will not be honoring it. Advice the parties.
(20 marks)
Q4. Desiden Group supplied some values to Muncar for a plumbing project. Muncar, through
a fax enquiry expressly specified the value must be compatible with existing corelex
system. The valves provided by Desiden were of a different type with the result that the
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values were incompatible, causing a property to flood. In addition the valves were
described, as “suitable for use with the Corelex system”.
a) With reference to the Sale of Goods Act, assess the legal basis of any claim that
Muncar could make against Desiden. (15 marks)
b) Examine how an agency relationship may be terminated. (5 marks)
Q5. “A seller cannot convey a better title to goods to the buyer than he himself has”. Discuss
the rule and the relevant exceptions (if any). (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 210: BANKRUPTCY AND COMMERCIAL SECURITIES
Date: April 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. Describe the main objectives of the Bankruptcy Act (Chapter 53) laws of Kenya and
discuss THREE categories of persons who can be adjudged bankrupt (debtors).
(30 marks)
Q2. Identify and discuss any TWO acts of bankruptcy as per Section 3 (1) of the Bankruptcy Act
(Chapter 53) laws of Kenya.
(20 marks)
Q3. Discuss any TWO of the following concepts and procedures:
a) Bankruptcy petition
b) First meeting of creditors
c) Public Examination of the Debtor
d) Receiving order
e) Adjudication order
f) Discharge of Bankruptcy
g) Bankruptcy offences
h) Distribution of Estate (20 marks)
Q4. Describe and discuss TWO implied conditions and TWO implied warranties under the Hire
purchase Act (Chapter 507) laws of Kenya. (20 marks)
Q5. Describe the concept of adverse possession as per the provisions of the Hire purchase
Act (Chapter 507) law of Kenya. (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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JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 211: COOPERATIVES AND PARTNERSHIPS
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Discuss the primary objectives of the Cooperative Societies Act (Chapter 490) laws of
Kenya and discuss the categories of co-operative societies that can be registered under
this Act. (30 marks)
Q2. El Wak is a group of high school and University students from Mandera County. They
have voted to form a cooperative Sacco to fund Sharia compliant loans for their members.
Advise this group on the legal process of registering their Sacco in Kenya.
(20 marks)
Q3. Discuss the settlement of disputes involving or within the cooperative sector in Kenya.
(20 marks)
Q4. Discuss FOUR primary characteristics of partnerships as per the Partnership Act (Chapter
29) laws of Kenya.
(20 marks)
Q5. Discuss TWO examples of voluntary and TWO examples of involuntary dissolutions of
partnerships as per the law applicable in Kenya. (20 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 301: JURISPRUDENCE
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. The natural law theory has shaped how law is understood, studied and accepted. Many
theories have tried and discredited it but it still stands even today.
a) Clearly describe the Greek origin of the natural law theory focusing on the
renowned Greek philosophers. (10 marks)
b) Focusing on the nineteenth and the twentieth century philosophers, what are the
salient features of the natural theory? How is it reflected in contemporary law and
practice? (20 marks)
Q2. Compare and contrast Hans Kelsen’s pure theory of the law and H.L.A Hart analysis of
the law as comprising primary and secondary rules.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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(20 marks)
Q3. “In the name of justice many atrocities have been committed. For the defense of justice,
how much blood has been spilt after?
Anonymous
What is justice? Why is it important? Can it be achieved? (20 marks)
Q4. The law is not an end in itself, but a means to an end. Discuss.
(20 marks)
Q5. Briefly describe the following:
a) Jurisprudence (4 marks)
b) Epistemology of the law (6 marks)
c) Feminist philosophy of law (5 marks)
d) Normative character of the law (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 59
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FACULTY OF LAW
REGULAR PROGRAMME
CLS 302: COMPANY LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Peponi Company Limited is a private company incorporated under the companies
Act (cap 486). The company would like to make alterations in the objects clause
of its Memorandum of Association. However the shareholders of the company
have been told that such alterations must be made to achieve certain specific
purposes only.
Explain FIVE specific purposes for which alteration of the objects of Peponi
Company Limited may be made. (10 marks)
b) The Salomon decision was a scandalous one which unleashed a tidal wave of
irresponsibility into the business community. Discuss the statement above.
(10 marks)
c) In the relation to the formation of a company explain:
i) the role and duties of promoters and how they are regulated.
(5 marks)
ii) a pre-incorporation contract and its legal consequences
(5 marks)
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Q2. (a) Jumanji Ltd was in financial difficulties. In January in order to raise capital it issued
10,000 Kshs.100 shares to Boni, but only asked him to pay Kshs.75 per share at
the time of issue. The directors of Jumanji Ltd intended asking Boni for the other
Kshs.25 per share at a later date. However, in June it realized that it needed even
more than the Kshs. 25,000, it could raise from Boni’s existing shareholding. So
inorder to persuade Boni to provide the needed money Jumanji Ltd told him that if
he bought a further 10,000 shares he would only have to pay a total of Kshs.50 for
each Kshs. 100 share and it would write off the money owed on the original share
purchase. Boni agreed to this, but the injection of cash did not save Jumanji Ltd
and in December it went into insolvent liquidation, owing a considerable amount of
money. Explain any potential liability Boni might have on the shares he holds in
Jumanji Ltd.
(10 marks)
b) In the context of corporate governance explicit the role of the external company
creditors, paying particular regard to the following issues
i) their qualifications (3 marks)
ii) their powers (3 marks)
iii) their duties (4 marks)
Q3. (a) In relation to the rules governing payment of company dividends, explain
i) how dividends may be properly funded; (4 marks)
ii) the rules which apply to public limited companies (3 marks)
iii) the consequences of any dividend being paid in breach of the rules.
(3 marks)
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(b) In 2010, Domi, Fiona Genny and Kaya formed a private limited company to pursue
chemical research. They each took 100 shares in the company and each of them
became a director in the company. The articles of association of the company were
drawn up to state that Domi, a qualified accountant, was to act as the company
secretary for a period of five years, at a yearly salary of Ksh.200,000. In May 2014,
Fiona Genny and Kaya discovered that Domi had passed on some research
results to a rival company. As a consequence Fiona, Genny and Kaya proposed
the following measures:
i) to remove Domi from the board of directors; (2 marks)
ii) to dismiss Domi from his post as company secretary without any payment
for the work he has already done, in spite of Domi’s claim that he has a
contract of employment by virtue of the articles of association and that he
cannot be removed before the five-year period is completed;
(4 marks)
iii) to alter the articles of association to require Domi to sell his shares to them.
(4 marks)
Advise Fiona, Genny and Kay as to the legality of the above proposals
and how they may be achieved. (10 marks)
Q4. a) In the context of company law, explain the meaning the following duties
owed by directors to their companies:
i) the duty to promote the success of the company (3 marks)
ii) the duty to exercise reasonable skill, care and diligence;
(4 marks)
iii) the duty to avoid conflict of interest (3 marks)
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b) At the start of 2010, Hot Ltd entered into the following transactions in an endeavor
to sustain its operations;
(i) it borrowed Ksh.500, 000 from Ina, secured by a floating charge. The
floating charge was created on 1 April and it was registered on 15
April;
ii) It borrowed a further Kshs.500,000 from Jo. This loan was secured
by a floating charge created on 3 April and registered on 12 April;
iii) It borrowed Kshs.1,000,000 from Ko-Bank. This loan was served by
a fixed charge. It was created on 5 April and was registered on 16
April.
Unfortunately, the money borrowed was not sufficient to sustain Hot Ltd
and, in August 2014, compulsory questions proceedings were begin. It is
extremely unlikely that there will be sufficient assets to pay the debts owed
to all of the secured creditors.
Advise Hot Ltd as to the order of security and payment of the above debts
and explain why they are placed in that order. (10 marks)
Q5. a) In relation to company law:
i) explain the meaning of and procedures involved in voluntary liquidations;
and (6 marks)
ii) Explain and distinguish between;
- A members’ voluntary liquidation (2 marks)
- A creditors’ voluntary liquidation (2 marks)
(b) In the context of payment for shares issued by a company. Explain the meaning
and legal effect of the following:
(i) capital maintenance (2 marks)
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(ii) issuing shares at a premium (4 marks)
(iii) issuing shares at a discount (4 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 303: PUBLIC INTERNATIONAL LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Discuss the sources of public international law as found in Article 38 of the Statute
of the International Court of Justice. (15 marks)
b) As a result of the 1967 Six Day war, Israel annexed East Jerusalem and the Golan
Heights territory which had been previously under Palestinian control. When
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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.
ii) Discuss the basis for and validity of Israel’s claim that its actions were in
self defense and therefore justified in terms of public International Law.
iii) Would it make any difference if Palestine had created the territory to Israel?
(8 marks)
c) The Governor of Kisii County and the Governor of Texas State, United States of
America, sign an agreement. The heading of the agreement, in gold and red Gothic
Script, reads “Treaty of Friendship”. The agreement provides, among other things,
that the administration of the County of Kisii, Kenya and the State of Texas, United
States of America, will cooperate in promoting cultural contract and will on public
holidays, fly one another’s flags for their respective County/State legislatures. In
the light of the definition of a treaty assess whether this “treaty of friendship and
cooperation” would qualify as a treaty. (7 marks)
Q2. Discuss the concept of Recognition in Public International Law. What is the effect of nonrecognition?
(20 marks)
Q3. a) For forty years Kenya has allowed Tanzania to draw water from a dam in Kenyan
territory. There has been no formal agreement between the states.
After a democratic general election held recently, a new government immediately
closes down the pumping station, cutting the supply of water to Tanzania.
Tanzania delivers a formal protest to the Kenyan government. The Kenyan
government feels legally bound to re-open the pumping station and does so
promptly.
One month later, however, the Kenyan government again closes down the
pumping station declaring that in the light of the uneven distribution of wealth in
Tanzania, it is no longer prepared to allow Tanzania access to cheap water.
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Tanzania argues that Kenya’s actions amount to a violation of a norm of public
international law.
Has Kenya violated a norm of Public International Law and if so, under which of
the sources of Public International Law could you classify such a norm?
(10 marks)
b) State A is a new state created by the Legislative act of its mother state B. State A
is very poor. Its population is largely nomadic. In addition to which some sixty
percent of the adult males are forced by economic necessity to seek employment
on the mines in the former Mother State. The remainder of the population lives in
organized tribes, each under a patriarchical leader, along strict hierarchical lines.
The borders of State A are not yet fully defined since negotiations continue
between it and its former Mother State for the extension of its territory. One of the
territories currently falling with A is a small enclave completely separated from the
main body of its territory. The enclave contains only a fishing town with a canning
factory, a school, a Magistrate’s Court and certain government 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 bankrupt, 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 Minister of Foreign Affairs has travelled extensively in an attempt to
establish diplomatic relations in Europe, no country other than B and a few
neighboring States which are wholly dependant on A for a route to the Sea, have
recognized A. A’s application for membership of 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. (10 marks)
Q4. Explain the main theories about the relationship between Public International Law and
Municipal Law. (20 marks)
Q5. Briefly explain the following concepts as used in Public International Law.
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e) Jus Cogens (8 marks)
f) International organization (12 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 303: PUBLIC INTERNATIONAL LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) The Republic of Evra is a sovereign state. It is comprised of 47 county
governments. Evra has actively been participating in the negotiations of a
multilateral treaty at the United Nations Headquarters in New York. The Treaty is
on, “The Arrest, Treatment and Movement of suspected Terrorists.” Throughout
the negotiations, Evra has been represented by her head of diplomatic mission in
New York who is fully accredited to do so.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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When the Treaty comes up for adoption and signature; the head of diplomatic
mission is unwell and Mr. Popo a citizen of Evra who is also the county governor
of Basa county of Evra takes his place and signs on behalf of Evra as he considers
himself, “a head of government” authorized to do so. It also emerges that just
before the signing he (Mr. Popo) was approached by representative of State X
which has been pushing for adoption of the Treaty and was given a limited edition
Mont Blanc fountain pen worth US$ 2000. He was also assured that his expenses
for his stay in New York would be covered by State X. This, would all be dependant
on Evra’s “positive actions” at adoption. He was also informed that a “negative
response” would attract dire consequences.
Later on however, the Republic of Evra through its executive deposits ratification
documents in New York.
Upon reading of the Treaty; the Cabinet Secretary for Foreign Affairs in Evra notes
that Article 7 of the treaty provides, “upon the arrest of a suspected terrorist,
arresting state may use all methods necessary; including torture to extract
information from the subject.”
The Cabinet Secretary has instructed you as state counsel to advise the validity of
the aforementioned Treaty. (15 marks)
(b) On August 10, 1998 the embassies of OAS (a sovereign state) in Evra and Zia
were bombed causing the loss of over 300 lives as well as massive damage to
property. On 29th August 1998 OAS launched a number of missile attacks in PUK
and ZUK (also sovereign states) where it believed those who participated in the
bombing were hiding. OAS has informed the United Nations Security Council (of
which it is a member) of these measures arguing that they are within its rights
under the United Nations Charter.
On 7 and 8th March 2007, OAS arms, equips and finances rebels in PUK and ZUK
in what is termed as a revolution against the governments of PUK and ZUK. The
President of OAS has said at a press conference, “The enemies of PUK and ZUK
are our friends; and friends stick together,” The rebellion however is not successful.
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In December of 2008, OAS sends a contingent of warships and a number of OAS
marines to Buk, an ally of PUK and ZUK to destroy nuclear plants on the coast of
Buk in what it terms as “preemptive measures based on credible evidence:”
The UN Secretary General is preparing to give a brief on whether or not OAS’
actions, above are justifiable under International law and requests you to advise
him on the same. (15 marks)
Q2. Sir Hersch Lauterphacht (In Lauterphacht International Law at p. 489) observed that, “the
orthodox positivist doctrine has been explicit in the affirmation that only states are subjects
of International law.” Is this a correct affirmation? Which other legal entities may be
subjects of International law. Briefly explain the significance of each entity.
(20 marks)
Q3. a) Two nationals of state X meet in state A and decide to plant on explosive device
on a commercial aircraft belonging to an airline registered in state B. The devise
is implanted in state C and explodes over state D; ailing all passengers majority of
whom are nationals of state B.
What claims to jurisdiction to states A, B, C, D and X have; and according to which
principles in International law. (15 marks)
b) X a national of state A is invited to a party at the embassy of state B located in the
capital city of state A. At the party X is assaulted by the ambassador of state B. X
has approached you to advice him on the viability of criminal proceedings against
the ambassador. (5 marks)
Q4. What are the theories that describe the relationship between municipal and international
law. In your opinion which theory describes the aforementioned relationship in Kenya
today. (20 marks)
Q5. Discuss the juridical nature of sources of International law from which legal rules
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of International law emerge. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 304: LAND LAW II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Discuss the dualism that has existed in the law system of Kenya.
(10 marks)
b) Examine the pre-colonial land tenure system in Kenya and explain why there were
misconceptions as to the existence of a land tenure system during the pre-colonial
time. (14 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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c) Explain the courts’ approach in interpreting conflicting rights over land after first
registration prior to the land reforms of 2012. (6 marks)
Q2. Peter seeks to purchase a parcel of land for long-term agricultural activities. He approaches
Kiptalam, a large scale farmer, with many parcels of land spread across the country. As
part of the negotiations, Kiptalam presents various documents under different laws to
Peter as evidence of ownership of the parcels he is interested in selling. This has gotten
Peter so confused and he now comes to you for advise.
Explain to him the various Acts of Parliament that existed prior to the 2012 land reforms
providing for registration of land under which the documents presented to him may have
been derived. (20
marks)
(20 marks)
Q3. a) What goals is the registration of land aimed at achieving? (5 marks)
b) Distinguish between the system of registration of deeds and registration of titles
and examine the key principles that guarantee security of tenure under the system
or registration of titles. (15 marks)
Q4. Amos has let out a house in Thindigwa, Kiambu to Charles for 5 years. The leasehold
agreement prepared by Amos’s lawyer is a large document with many provisions that
Charles does not fully comprehend. He now asks you to look through the document and
explain to him the obligations that the parties have under the law relation to tenancy.
Advice Charles on the subject of leasehold covenants as per the Kenyan law.
(20 marks)
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Q5. Write explanatory notes on ANY FOUR of the following:
g) Land tenure (5 marks)
h) Mortgages under Kenyan law (5 marks)
i) Rectification of the register (5 marks)
j) Profit à penche (5 marks)
k) Easement (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 304: LAND LAW II
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. “A chargee who exercises a power of sale of the charged land including the exercise of
the power of sale in pursuance to an order of the court owes a duty of care to the charger,
any guarantor of the whole or any part of the sums advance to the charge under a
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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subsequent charge or under alien to obtain the best price reasonably obtainable at the
time of sale.”
a) Discuss the provisions of the applicable law, citing relevant case law on the
chargees power of sale. (20 marks)
b) Draw a sample instrument of sublease. (10 marks)
Q2. Articled 162 (2) (6) of the constitution has been given effect by the land and environment
courts Act No. 19 of 2011 which gives mandate to the courts to hear
and determine disputes relating to environment use and occupation of title to land.
a) Discuss the various causes of land disputes in Kenya. (10 marks)
b) Discuss the jurisdiction/power of the court in addressing the same.
(10 marks)
Q3. Explain the implied covenants in a charge instrument on the part of the chargee.
(20 marks)
Q4. Discuss the remedies available to a chargee. (20 marks)
Q5. Section 26 of the Land Act provides that; “Every covenant or condition, whether expressed
or implied, in a grant, lease or license under the Act which is binding on a grantee, lessee
or licensee shall, unless otherwise expressly provided in the grant, lease or license, be
binding upon off persons claiming on interest in the land that is the subject of the grant,
lease or license, and whole title is derived through or under the grantee, lessee or
licensee.”
Discuss such conditions as may be provided for in a lease instrument.
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(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 305: FAMILY LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. 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) Harmonise marriage law in regard to the various systems of marriage in Kenya?
(5 marks)
b) Minimise the complexity, unpredictability and inefficiency occasioned by the
hitherto multiplicity of marriage laws? (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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c) Afford parties liberty to contract civil, religious, or customary marriages?
(10 marks)
d) Avail Kenyans a certain level of legislative autonomy in Family Law?
(5 marks)
Q2. Under Civil and Common Law, marriage, as encapsulated by Hyde vs Hyde is a private
agreement between one woman and one man to the exclusion of all others. On the other
hand, by and large, African customary marriages are a communal affair that is signified
by protracted negotiations, customary rites and marriage consideration. These
fundamental differences notwithstanding, there are significant points of convergence
between civil and customary law marriages.
Discuss this assertion in the context of the essentials of a valid marriage, citing relevant
constitutional provisions, statutes, case law and customary law practices.
(20 marks)
Q3. Section 6 of Kenya’s Matrimonial Property Act, 2013, provides inter alia, that the parties to
an intended marriage may enter into a pre-nuptial agreement to determine their property
rights.
a) What is a pre-nuptial agreement? (2 marks)
b) What are the elements of a valid pre-nuptial agreement? (10 marks)
c) Citing relevant statutes, case law and practice, articulate some of the ills that a
pre-nuptial agreement seeks to cure in light of the subsisting law on divorce and
subsequent division of property. (8 marks)
Q4. 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
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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? (20 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.
i) Discuss three of these special types of marriage and how they impact the
rights of children born in these unions. (15 marks)
ii) Do these marriages have a future? Explain your answer.
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(5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 307: BANKING LAW AND NEGOTIABLE INSTRUMENTS
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Allan and Ben set up an arrangement in 2013 for the sharing of the proceeds of their
business in the importation and subsequent selling of mobile phones. The rather
complicated agreement provided that Allan would import the phones from Sweden and
Ben would see to the supply side of the business. Ben issued various bills of exchange
drawn on pesa finance Ltd for consignments supplied by Allan. The bills were payable at
various dates in the future.
To ensure his liquidity Allan discounted the bills with Bidii Finance Ltd.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Subsequently Ben has discovered that the mobile phones had in fact been imported from
Asia and they were merely imitations of the proposed Swedish phones. As a result he
has ordered the drawee company not to pay the bills upon maturity.
a) Advise Bidii Finance Ltd (20 marks)
b) Would your advice in ‘a’ above be different if Allan had sought to enforce the
payment of the bills? (10 marks)
Q2. Under S. 24 of the Bill of Exchange Act 1882 a forged or unauthorized signature is treated
as wholly inoperative. This means that if the payee’s or endorsee’s signature is forged
any subsequent possessor of the instrument will not be an endorsee and therefore not a
holder within the definition contained in S. 2 of the Act. Quoting the available authorities
critically examine how the courts have circumvented the ‘necessary’ outcomes of the
section. (20 marks)
Q3. Discuss the history and development of the Kenya Banking Law and reforms the
legislation bought. (20 marks)
Q4. Make short notes on:
a) Conditions placed on opening a partnership Bank Account (6 marks)
b) Right of appropriation and combinations of Banks (7 marks)
c) The exceptions to the Duty of confidentiality between Bank and a customer
(7 marks)
Q5. Using illustrative case law and statutory provisions, discuss the prohibitions and
restrictions in respect of the Kenyan Banking and Financial Business.
(20 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 307: BANKING LAW AND NEGOTIABLE INSTRUMENTS
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. You are the legal consultant of ABC Ltd, a company that deals with export of nuts. The
company has received several bills of exchange from its clients. In fact the clients of the
company had themselves received the bills from their debtors in settlement of money
owed. After a close scrutiny of the bills the following facts have become apparent.
a) That the payee of one of the bills ‘bill A’ was a company which by the time of its
drawing had already been deregistered by the registrar of companies.
b) That though ‘bill B’ had been accepted by the drawee, in fact it had been drawn
without the authority or knowledge of the supposed drawer.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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c) That the drawer of ‘bill C’ had been made to believe by his accountant that he owed
money to a Mr. Otieno. The drawer had no knowledge of who “Otieno” was but
had nevertheless signed the bill.
d) That the drawer of ‘bill D’ had intended that its proceeds should go to Ann, a regular
supplier of his company, but in fact he owed no money to Ann. The clerk had then
forged the signature of Ann and passed the bill to ABC Ltd.
Quoting specific provisions of the law and decided cases, advice ABC Ltd on the
legality of the instruments.
(30 marks)
Q2. A cheque is a mandate from a customer to his bank to pay according to the customer’s
order. Critically examine the various forms that this order may take.
(20 marks)
Q3. Discuss the decision and exception of the rule in Tournier vs National Provincial and Union
Bank of England (1924) 1 KB 461.
(20 marks)
Q4. Outline the main highlights and importance of the Revised Prudential Guidelines and Risk
Management Guidelines for Banks introduced by the Central Bank.
(20 marks)
Q5. Make short notes:-
a) Duties of the Central Bank Governor (5 marks)
b) Right of Appropriation and Combination (8 marks)
c) Exceptions to the Duty of Confidentiality (7 marks)
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*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 308: CONSUMER PROTECTION LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. A number of pay televisions service providers have been selling their products to
consumers in Kenya on the assurances that apart from the subscribed channels, they
would also carry free-to-air television station services. However for the last three weeks a
number of local broadcasting on analogue platforms have been switched off.
Many consumers have been affected by the switch off. They feel that they were duped
into buying set-off boxes that are useless without these television stations switched off.
They have approached you for advice on:-
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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a) What constitutional rights have been violated by the switch-off and also by the
operators of the cable televisions? How could they seek redress?
(15 marks)
b) From the Consumer Protection Act of 2012, what are the other rights of
consumers? (10 marks)
Q2. Describe unfair and restrictive trade practices as provided for under the Consumer
Protection Act, 2012 and Kenya Competition Act as revised in 2012.
(20 marks)
Q3. What can Kenya learn from the consumer protection practices of the common
markets? (20 marks)
Q4. The Kenya Bureau of Standards (KEBS) and the Communication Authority of Kenya (CA)
should act in the interest of the consumer. To what extent have these bodies so acted?
(20 marks)
Q5. The civil society has played a pivotal role in furthering the protection of consumers in
Kenya. Illustrate. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CITY CAMPUS
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 82
ISO 9001:2008 Certified by the Kenya Bureau of Standards
FACULTY OF LAW
EVENING PROGRAMME
CLS 310: LABOUR LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Viwanda Company Ltd is a manufacturing company based in Industrial Area in Nairobi but
has a branch in Nakuru. It has 3 directors – Mr and Mrs Kamau and their son. It employs
thirty (30) employees, eighteen (18) of them are in Nairobi and the rest are in the Nakuru
office.
In January 2015, there was a fracas in the Nairobi office in which John Kakoyi was
accused by Joan the personal assistant to Mr. Kamau the Managing Director that he was
sexually harassing her. She reported the matter to Mrs. Kamau who is in charge of staff
matters. Mr Kakoyi admitted that he has requested her to his friend because he felt that
she was too close to the boss who was almost twice her age.
Mrs. Kamau transferred both John Kakoyi and Joan to the Nakuru office with immediate
effect. Joan resisted moving to Nakuru on transfer but Mrs. Kamau insisted she had to
go. Joan felt aggrieved by the decision to transfer he after her complaint of sexual
harassment without investigations. She appealed against the transfer but the appeal was
turned down. She therefore resigned in order to pursue her case elsewhere but Mrs.
Kamau rejected her resignation and instead dismissed her for refusal to obey a lawful
order. Joan reported her dismissal to the Nairobi County Labour office. You are a Labour
Officer from the County Labour office, carry out investigations on Joan’s complaint and
suggest remedies thereof.
(30 marks)
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Q2. Explain what is meant by collective agreements and discuss how trade unions are
established, recognized and enter into collective bargaining on behalf of their members.
(20 marks)
Q3. Discuss when wages and salaries of employees are due for their payment under different
contracts of employment and ways in which the law protects the employees’ interest.
(20 marks)
Q4. The Constitution of Kenya guarantees the right to strike. Discuss with the assistance of
concrete examples how this right is exercised in Kenya under the Labour Relations Act,
2007. (20 marks)
Q5. Write short explanatory notes on the following Labour Institutions
a) The National Labour Board (10 marks)
b) The Wages Councils (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 84
ISO 9001:2008 Certified by the Kenya Bureau of Standards
CLS 310: LABOUR LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Ben Owaga was employed by Communication Corporation as a sales representative in
2005 and was assigned a vehicle to carry out his duties. He was initially based in Nairobi
but over the years owing to his exemplary performance he was posted to other regions in
similar capacity. When he was deployed to other regions he was still assigned corporation
vehicles to enable him shuttle between various stations in the regions he was assigned
to.
In January 2015 he was transferred back to Nairobi and given a vehicle to work with. He
worked with diligence and without any problem until 1st February 2015 when he was
suspended and given seven (7) days to respond to allegations of failing to adhere to laid
down regulations in respect of the corporation’s vehicle. The incident that led to his
suspension was that he was careless because of which the corporation vehicle was stolen.
The car was stolen from his residence at night on 31st January 2015. For all the years he
had worked especially in Nairobi he has packed the car at his residence at night. There
were no regulations that stipulated that he was not supposed to park at his residence.
The management of the corporation invited him for a disciplinary interview in which he
defended himself. The disciplinary committee noted that other vehicles had been stolen in
similar circumstances and the insurance had paid for stolen vehicles. When the
recommendation was forwarded to the Board of Directors of the Corporation, the Board
decided not to endorse the Committee’s recommendation. It decided to dismiss Ben
Owaga in order to set an example to other employees as it was the view that the Human
Resources Department had become too lax in dealing with disciplinary cases.
Mr. Owaga appealed against the dismissal and owing to his long service the dismissal
was reduced to termination and he was paid all his terminal benefits. Mr. Owaga still
termed the termination unfair and discriminatory. He is contemplating legal action against
the Communication Corporation for wrongful, unfair and discriminatory termination. He
has approached you as a legal expert.
Advise him on his legal rights. (30 marks)
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Q2. Outline the procedures provided for in the Labour Relations Act, 2007 for the collection of
Trade Union Dues and the deduction of agency fees from unionisable employees and
comment on how the deduction of agency fees may affect the concept of Freedom of
Association. (20 marks)
Q3. Discuss the structures, powers and functions of
a) The Employment and Labour Relations Court (15 marks)
b) The Employment Agencies (5 marks)
Q4. Art. 50 (1) of the Constitution states as follows:
“Every person has the right to have any dispute that can be resolved by the application of
law decided in a fair and public hearing before a court or if appropriate, another
independent and impartial tribunal or body”.
State the procedure stipulated in the Labour Relations Act, 2007 which is normally used
by Trade Unions in representing their members and analyze to what extent it complies
with this constitutional provision.
(20 marks)
Q5. Discuss the procedure of establishing Trade Unions and Employer’s Organizations in
Kenya. (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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JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 311: REVENUE LAW AND TAXATION
Date: April 2015 Duration: 2 Hours
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. Giving examples, describe
the two forms of taxes. (14 marks)
c) Starting 1 January 2015 the Government has re-introduced capital gains tax.
Explain what capital gains tax is and how it will affect both individuals and
companies. (6 marks)
Q2. a) Kenya’s tax collection system is based on self assessment returns model. Explain
TWO cannons of Taxation as envisaged by Adam Smith that have been adapted
to try and achieve an optimum tax system in Kenya.
(6 marks)
b) Describe the nature of tax returns and outline what is achieved from filing returns.
(8 marks)
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c) What are the sanctions imposed under the Income Tax Act for non compliance of
filing returns by 30th June. (6 marks)
Q3. In relation to the Value Added Tax Act 2013, explain the following:
a) Duty to register for VAT (3 marks)
b) In taxable transactions, who collects the taxes? (5 marks)
c) Zero rated supplies (3 marks)
d) Tax exempt supplies (3 marks)
e) Filing and penalties (6 marks)
Q4. Section 210 and 211 of the East African Community Customs Management Act are ultra
vires to Act 40 (2) and 40 (b) of the Constitution of Kenya 2010. Discuss.
(20 marks)
Q5. “Give unto Caesar what belongs to Caesar”. Taxation has been an integral part of
governance since time immemorial. Explain how taxation was undertaken in the following
eras in Kenya.
a) African Society (4 marks)
b) Arab (6 marks)
c) With reference to the principles of taxation, how effective were the Taxation
systems before the coming of the British? (10 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
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MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 312: INFORMATION COMMUNICATION TECHNOLOGY AND THE LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Read the extract attached and answer the following questions:
a) If the three media houses were to contest the revocation decision by authority as
provided for by the Kenya Information and Communications Act as amended in
2013, where would they lodge the complaint? What would be the process till
determination?
(20 marks)
c) How has the digital switch off contravened the relevant constitutional rights? What
are the rights supposedly contravened by the three media houses advertisement?
(10 marks)
Q2. Briefly analyze the provisions of Draft Cybercrimes and Computer Related Crimes Bill
2014 focusing on offenses against the confidentiality and availability of computer data and
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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systems, computer related offenses and content related offenses.
(20 marks)
Q3. How has the Kenya Information and Communications (Amendment) Act, 2013 impacted on
the regulatory framework in the ICT sector? (20 marks)
Q4. “Most branches of the law have had to adapt to the realities of the information technology
age. What changes have been recorded in the Law of Evidence?
(20 marks)
Q5. Briefly describe the following:-
l) History of development of the internet (6 marks)
m) Delivery of postal article (6 marks)
n) Registration of SIM-cards (5 marks)
o) Improper use of a telecommunication system (3 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 90
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CLS 314: INSURANCE LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Njeri bought a house as a present for her mother on her 50th birthday. The title documents
were issued in her mother’s name. Njeri then decided to purchase two insurance policies
from different companies against loss by fire, terrorist acts and flooding. The house was
subject to a mortgage by a bank, which had financed the purchase of the house by the
original owner. By the time Njeri was purchasing the house, the process of clearing the
title to the house was in its final stages but not complete. In answer to one of the questions
that required Njeri to disclose any interests in favor of third parties over the house, Njeri
wrote “N/A” (to signify “Not Applicable”). She forwarded the proposal form to a person that
had been appointed by the insurance company to receive and forward the policies on its
behalf. The agent forgot to forward the policy. The policy contains a clause that stated,
“This policy shall not be considered binding unless it is duly signed by the policy manager”.
The policy was never signed because it was not forwarded to the insurance company.
However, Njeri remitted premiums as required by the policy. The premiums were received
and credited into the insurer’s bank account. After 6 months the house was razed by fire
and Njeri filed a claim for indemnity. The fire had been caused by neighbors who had been
lighting fire crackers. Njeri also decided to sue the neighbor.
a) Explain in detail, and with the help of case law, the grounds upon which the insurer
would refuse to indemnify. (20 marks)
b) Explain the implications of the lack of the required signature by the policy manager.
(5 marks)
c) Assuming that she has a claim against the insurer, can Njeri sue the neighbor for
damages? (5 marks)
Q2. Lucy owned a vehicle. On her son’s graduation day she gave the vehicle to her son as a
gift. She also handed the policy document to him and said to him, “If you get in trouble,
you can deal with the insurance company on your own. You do not have to call me”. The
policy was a comprehensive cover.
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a) Explain the rules relating to all the forms of assignment reflected in the above fact
scenario. (15 marks)
b) Assuming that the son decides to drive while intoxicated and injures a pedestrian
as a result. What principles of law would compel the insurer to indemnify the
pedestrian even though the son has not paid any premiums?
(5 marks)
Q3. Carolina insured her restaurant against damage by fire, water and theft. A fire was started
in the restaurant kitchen by a disgruntled worker but fortunately, it was put off by overhead
sprinklers. However, due to the negligent manner in which they had been fitted, the
sprinklers ran for far longer than necessary and flooded the entire restaurant causing
further and serious damage. The policy required notice of the peril within 15 calendar
days of the incident. Carolina failed to give the notice within the stipulate time because
she had travelled to another country for the entire duration. She gave notice of the 25th
day. The claims manager wrote her a letter acknowledging the notice and informed her
that investigations were underway in preparation to indemnify. Carolina had stated that all
her furniture and priced paintings had also been destroyed in the incident. The truth was
that only about ¾ had been destroyed. She had managed to salvage and conceal the rest.
With the help of case law discuss factors that will be of relevance to the insurance
company in determining whether or not they are under a duty to indemnify.
(20 marks)
Q4. a) Discuss the rules governing reinstatement under an insurance policy.
(10 marks)
b) With the help of case law, discuss the rules relating to causation under an
insurance policy. (10 marks)
Q5. Write short notes on ANY FOUR of the following:
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a) Implications of Under-insurance (5 marks)
b) The difference between indemnity insurance and contingency insurance.
(5 marks)
c) Grounds of return of premiums (5 marks)
d) Principles of contribution (5 marks)
e) Principle of salvage (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 316: RESEARCH METHODS
Date: April 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. Distinguish between reasoning by analogy and deductive reasoning and explain the
significance of syllogism in legal reasoning. (30 marks)
Q2. What are the attributes of a good social science report? (20 marks)
Q3. To what extent do you think that deliberation cures the limitations of intuition as an
approach to judicial decision making? (20 marks)
Q4. a) What factors will you consider while selecting a research topic?
(10 marks)
b) What are the components of a research design? (10 marks)
Q5. What are the limitations of electronic legal research? (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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
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CLS 317: GENDER AND THE LAW
Date: April 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 explain 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. a) What is affirmative action in the context of gender discrimination?
(5 marks)
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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
mapambano People’s Party (WMBMPP). The key pillars of the proposed WMBMPP’s
Manifesto is empowerment of men and restoring 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 or lack of it in registering his
proposed party. (20 marks)
Q4. The right to reproductive self determination is a core component of the bundle of rights
encapsulated in reproductive rights and right to reproductive health, and is predicated
upon the principles of bodily integrity, personal integrity and reproductive integrity. In your
country/cultural context, how is the right to reproductive self determination affected by the
government, religion, law and men?
(20 marks)
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Q5. The World Health Organization (The State of the World’s Health, 2013 WHO Report) has
declared maternal mortality, maternal morbidity and female genital circumcision a serious
threat to a woman’s life and disablers that negatively impact women and men.
i) How do the three disablers affect men? (2 marks)
ii) How do they affect women? (6 marks)
iii) What are some of the legislative, human rights, health rights and cultural rights
approaches that have been employed at international and municipal levels to
address these threats? (12 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 400: CONVEYANCING LAW AND PRACTICE
Date: April 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. Two clients go to an advocates firm seeking representation in relation to a transaction they
want to undertake concerning a parcel of land owned by one of them. The other one is a
prospective purchaser.
a) What would be the general responsibilities of the advocate in relation to the
conveyancing? (20 marks)
b) What are the key requirements in the drafting of the documents that would
be necessary in the above transaction? (10 marks)
Q2. John is interested in purchasing land from Albert, a farmer who has many parcels spread
across the country. In the cause of their negotiations, Albert supplies John with several
documents under different laws, as evidence of ownership for the various parcels. This
has gotten John very confused. He thinks that Albert is out to defraud him and approaches
you for advice.
Explain to him the various Acts that existed prior to the 2012 Land reforms, which provided
for the registration of land, from which these documents could have originated from.
(20 marks)
Q3. a) Examine the various stages of a conveyancing transaction. (10 marks)
b) Discuss the essence or investigation of title during land transactions.
(10 marks)
Q4. You are working as a pupil at Amos and Company Advocates. A new clerk has come to
join you at the firm’s very busy conveyancing department. He seeks your assistance as
to what normally happens in the department so as to be able to quickly settle in. Using
provisions in the Kenyan Law, explain to him the general requirements relating to land
transactions that need to be observed in the conveyancing process.
(20 marks)
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Q5. Discuss the relationship between conveyancing and any FOUR of the following branches
of law
a) Land law (5 marks)
b) Law of contract (5 marks)
c) Equity (5 marks)
d) Law of succession (5 marks)
e) Company law (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 400: CONVEYANCING LAW AND PRACTICE
Date: April 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. Tim is keen on acquiring a house in Karen. He has met a number of prospective sellers,
and has identified a freehold property that he feels he would be interested in. He comes
to the firm that you are attached to, seeking legal services for the transactions that would
follow.
In view of the responsibilities the firm is about to undertake, discuss the general terms
usually contained in the sale agreement for freehold property.
(30 marks)
Q2. Discuss the various consents and clearances for land transactions that are required in
order to validate the passage of rights in land. (20 marks)
Q3. Examine the provisions of the 2012 land registration legislation and explain how they seek
to impact conveyancing in the country. (20 marks)
Q4. In August 2013, Mathew leased a parcel of agricultural led for 6 years from Esther.
Although the lease agreement was signed on 12 August 2013, due to financial constraints
and the long duration it took to acquire the relevant consents, the lease was not registered.
Now, it seems that Esther is keen on letting out the same property to someone else, and
this has prompted Mathew to come to the firm you are attached to for assistance to present
his loss of interest in the land. Using relevant case law, explain to him the legal position
regarding instruments when are compulsory, registerable, but have not been registered.
(20 marks)
Q5. Write explanatory notes on any FOUR of the following:
a) Definition of conveyancing. (5 marks)
b) The relationship between conveyancing and the law of contract.
(5 marks)
c) Executive and attestation of documents. (5 marks)
d) The relationship between conveyancing and company law. (5 marks)
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e) Duties of the respective advocates in discharging of a charge . (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 401: PROFESSIONAL ETHICS
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Give your advisory opinion in this petition filed in the High Court of Kenya at Mombasa
On 5-8 2009 the petition received a Bachelor of Arts degree in Politics and Law from the
University of Brisbane, Auckland and followed it up with the award of a Master of Law
degree from the University of Toronto in Canada. When in October 2012 he applied to the
Kenya School of Law for admission into the Advocates Training Programme (ATP) his
application was rejected on the ground of inter-alia that he did hold a Bachelor of Law
degree.
A. M. E. C. E. A P.O. Box 62157
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Telephone: 891601-6
Fax: 254-20-891084
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It should be pointed out that his Bachelor of Arts degree in Law and Politics did not meet
the threshold of 16 core subjects prescribed by Law for purpose of admission to the ATP.
Hence this petition.
(30 marks)
Q2. The relationship between an Advocate and his clients is said to be judiciary and this places
much obligation on the Advocate. Therefore the courts have long protected persons who
have entered into a relationship where one party possesses superior, knowledge and skill
and where the other person (the client) is relying in good faith upon that knowledge and
skill in the light of this expectation discuss comprehensively the Advocates duties to his
client.
(20 marks)
Q3. As a result of the misconception by the subject in Kenya concerning high and arbitrary
fees advocate charge for their services and inorder to dispel this wrong notion, the
consumer protection society of Kenya have invited you to present a public lecture to the
members on the basis and justification for Advocates charges in Kenya. Kindly submit for
examination your proposed paper for the presentation.
(20 marks)
Q4. The legal profession is indeed a noble calling and advocates are ministers in the Temple
of justice. Therefore certain conducts must never be associated with the advocate and this
is cognizable under the Advocates Act CAP 16, Laws of Kenya 2012. Discuss.
(20 marks)
Q5. The highest standard of professionalism, etiquette, decocurum of an Advocate and to
ensure compliance with the rules of professionalism conduct the Advocate Disciplinary
Tribunal is established. Discuss therefore the establishment power and procedure of the
Disciplinary Tribunal.
(20 marks)
*END*
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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 402: INTERNATIONAL ENVIRONMENTAL LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. “The past century has borne witness to unprecedented advances in Science and
Technology and prosperity. While these advances have indubitably improved the lives of
many, they have also left in their make an ever-expanding web of patterns of natural
resource use and abuse by which few in either the developed or developing world are
untouched. Unless these patterns of resource use and abuse are checked, the burden
placed on generations to follow will be both incalculable and unconscionable.”
In light of the above statement, discuss the concept of sustainable development.
(30 marks)
Q2. Ultimately, whether the protection offered to the environment by international law is
“inadequate” in scope and stringency is of course a value judgment which will depend on
the weight given to the whole range of competing social, economical and political
considerations.
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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Critically analyze the above statement on the effectiveness of international environmental
law regime in addressing environmental concerns.
(20 marks)
Q3. There is no single source in which environmental issues can be described as “international”.
It could be global, regional, transboundary, domestic or a combination of these. Discuss
the context of the above statement focusing your answer on the sources (with examples)
of environmental law. (20 marks)
Q4. The Government of Kenya has explicitly accepted Agenda 21 (The Rio de Jeneiro
Declaration) as part of the National Environmental policy by incorporation it into legal and
policy framework. (20 marks)
Q5. Since the UN Conference on Human Environment in 1972, new, divine and complicated
environmental problems have emerged. Accordingly to address these problems, existing
multilateral institutions, the UN organs in particular have been provided with new and
additional functions on the one hand, whereas multilateral institutions have been newly
established on the other hand. Discuss.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 104
ISO 9001:2008 Certified by the Kenya Bureau of Standards
REGULAR PROGRAMME
CLS 403: INTERNATIONAL AIR AND SPACE LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. On the 1st of November 2014, a Kenya Airways aircraft with 56 passengers on board and
a crew of 8 was hijacked. The place which was a shuttle service from Nairobi to Maseru,
Lesotho took a sudden turn towards the Nigerian Border. Minutes before the plan was to
land, the Nigerian Control Tower picked up a message from the pilot that he was being
skyjacked. It landed at Maiduguri at 3.15pm. The first message from Civil Aviation of
Nigeria was received in Kenya at 8 p.m. It said that all are safe but ‘the hijackers are still
in the aircraft and had refused to come out. The sooner the hijackers leave the aircraft,
the crew and the passengers will leave back to their destinations in Lesotho or back to
Nairobi, wherever they desired. However despite the eagerness of the government of
Kenya in sending another aircraft to fetch the passengers and the crew, the Nigerian
government delayed the return deliberately and at last sent the passengers and the crew
by road to Ghana from where they boarded the flight back to Nairobi. Meanwhile, the
aircraft, the three hijackers and the cargo were not returned, furthermore, political asylum
was granted to these hijackers and certain conditions purported to have been put by the
hijackers were also conveyed to Kenya failure to meet the conditions would result in the
plane being blown up. Kenya accepted all conditions and acted upon them. The aircraft
was blown up by the hijackers at the Maiduguri Airport at 4.45pm two days later.
a) With the aid of decided cases, explain the principles of law in the above case.
(20 marks)
b) If the conditions, put forward by the hijackers were that:
i) All the seven Bokoharam militants held in Kenya be released
unconditionally and;
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ii) That the relatives of the hijackers who are known to be residing in Kenya
should not be harassed. What would be the position at law from each of
the above? What would be the position at law?
(10 marks)
Q2. a) Discuss the various sources of International air law. (15 marks)
b) Describe FIVE reasons why it is necessary to have international air and space law.
(5 marks)
Q3. Outer space is governed by the outer space legal regime contained in the 1967 treaty on
principles governing the activities of states in the exploration and use of outer space i.e.
the ‘Outer Space Treaty’. Discuss the principles elaborated by the treaty.
(20 marks)
Q4. a) Discuss the role of the United Nations in regard to development of the space law.
(12 marks)
b) What are the challenges faced in implementing space law. (8 marks)
Q5. Write short notes of the following
a) Sovereignty and space law (5 marks)
b) International organizations dealing with air and space law (5 marks)
c) The Hague convention (5 marks)
d) The Lockerbie case (5 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
CUEA/ACD/EXM/JANUARY – APRIL 2015/LAW Page 106
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MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 404: INTELLECTURAL PROPERTY LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Imagine you are a trademark examiner employed by the Kenya Industrial Property Institute
(KIPI), Trademarks Division. You have received the following applications to register
trademarks. Examine the applications and set out the grounds of any objections you may
have to the registration of the proposed marks.
a) TM Application 1: 7 DAYS A WEEK, by taxi service
b) TM Application 2: The colour RED for telecommunications company
c) TM Application 3: The scent of a NUTMEG, by a
furniture manufacturer, to be applied to furniture.
d) TM Application4: ‘CATCH A WRINKLE IN TIME’ for a
cosmetics preparation.
e) TM Application 5: ‘BARCADI’, for a company that produces vodka
(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. Critically analyze the concept of ‘Fair Dealing” Under the Copyright Act 2001.
(20 marks)
Q3. Wendy invented and patented ‘Dobbinsafe’ an air-cooled horse exercise boot. The
specification states that the boot is intended to prevent damage to a horse’s leg caused
by exercise induced strain or by external striking. The boot is formed of a leg-embracing
collar secured around the horse’s leg and the surface of the boot includes at least one air
intake, exit outlets and channels. Connecting the intake and outlets to allow coolant air or
fluid to penetrate the surface and pass from one part of the boot to the other, hitting the
horse’s leg as it gallops. Wendy is aware that an American product ‘Ridesure’ is being
marketed in Kenya. This horse exercise boot includes an outer layer which is made up of
small holes through which an inner layer of foamed permeable material. This will allow air
to flow into the boot and reach the leg when the horse is galloping. Wendy feels that the
Ridesure boot infringes her patent.
Advise Wendy on the likelihood of an infringement action succeeding and what remedies
are available if her patent is found to have been infringed.
(20 marks)
Q4. Write short notes on the following:-
a) Counterfeiting (6 marks)
b) Passing off (7 marks)
c) Utility Models (7 marks)
Q5. Compare and contrast the protection afforded by the copyright Design Right under the
copyright Act 2001 with the protection provided to Industrial Designs. Registered under
the Industrial Property Act 2001. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
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MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 404: INTELLECTUAL PROPERTY LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Frank a keen fisherman and inventor (in his spare time) from Kisumu consults you
regarding his latest invention, a new type of reel release mechanism to be used with a
standard fishing rod. Frank sold his rights to a previous invention to an international
company for a flat fee of Ksh. 5,000,000/-, but he did not feel he got as much as he
deserved for it, because he sold after having produced a working proto-type. The company
has since gone on to sell thousands and made substantial profits from his earlier invention.
This time around, Frank who feels he has established his reputation as an inventor in the
field, wishes to apply for a patent in Kenya, and offer it to several companies to bid on. In
doing this, he hopes to achieve a higher up-front fee for licensing his invention as well as
future royalties.
Advise Frank as to the patentability of his invention? the reel release mechanism and the
steps involved in the patenting process. (30 marks)
Q2. In Designers Guild Ltd v Russel Williams (Textiles) Ltd (2001) FSR 113, Lord Hoffman
said at par. 26:
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
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“Generally speaking, in cases of artistic copyright, the move abstract and simple the
copied idea, the less likely it is to constitute a substantial part. Originality, in the sense of
the contribution of the author’s skill and labour, tends to lie in the detail with which the
basic idea is presented. Copyright law protects foxes better than hedgehogs.”
Discuss the statement in relation to what constitutes a substantial part of a work for
purposes of infringement. (20 marks)
Q3. Toys Ltd has created a new night-time toy of unusual shape which could only be described
as an alien hedgehog. The toy when warmed by the heat of a child’s body gives off a
chocolate smelling sleeping gas which causes the child to fall into an uninterrupted night’s
slumber. The hedgehog shape provides a considerable surface area so that a sufficiently
large dose of the gas can escape even if the toy is being tightly cuddled. The toy is
luminous puce in colour.
Advice Toys limited as to the likelihood of success in registering the colour, smell
and shape of the toy. (20 marks)
Q4. Write short notes on the following:-
a) Moral Rights (7 marks)
b) Technovations (6 marks)
c) Utility Models (7 marks)
Q5. Critically analyze the traditional justifications for the existence of the systems of Intellectual
Property Protection. (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/JANUARY – APRIL 2015/LAW Page 110
ISO 9001:2008 Certified by the Kenya Bureau of Standards
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 405: INTERNATIONAL ECONOMIC LAW
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Describe and comment critically on the legal regulations of trade by the world trade
organization (WTO) in any one of the following sectors:
i) Trade in Agriculture
ii) Regional Trade Agreements
iii) The use of anti-dumping and countervailing section
iv) The protection of geographical indicators
Consider in particular, whether the provisional agreements that regulate the
particular sector are consistent with the GATT’s. Most favoured Newton principle,
and if not whether the inconsistence are reconcilable with the gout of trade
liberalisation. (10 marks)
b) Explain what is meant by the term ‘boundtariff’, ‘applied tariff’ and ad valorem duty.
To what extent are there discernible differences in developed and developing
countries’ use of bound tariffs? (10 marks)
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c) Kenya wine and spirit producers export a fortified wine they call ‘Port’ to Brazil.
Portuguese producers from the ‘Oporto’ region of Portugal are unhappy with
Kenyans inheriting their production under the label ‘Port’ on the Brazilian market.
Brazil is the primary export market for Portuguese and Kenyan ‘Port’ producers.
Advice the Kenyan producers whether they can be compelled, under the TRIPS
agreement, to stop using the term ‘Port’ on the export to Brazil.
(10 marks)
Q2. The International Monetary Fund (IMF) is tasked with managing balance of payment
difficulties, retaining liquidity in the international economy and surveillance of the economic
conditions and economic policies in member states.
Discuss the role and activity of the IMF in the international economy focusing;
a) How it ensures liquidity through balance of payments difficulties;
(7 marks)
b) They way in which it carries out its ‘surveillance’ monitoring mandate;
(7 marks)
c) How it uses its lending facilities, and conditions attached to loans in
managing stability and attempting to avoid future economic crises.
(6 marks)
Q3. World Bank Structural Adjustment
The articles of the World Bank provide that it cannot introduce political reform and question
governmental structures. In addition Article III provides that when making a loan, the World
Bank is obliged to take into account only economic and efficiency consideration. Indeed
Article IV provides that the World Bank shall not get involved in the political affairs of a
debtor state.
Discuss the role of the three institutions that comprise the World Bank in lending
to debtor states and the mechanics of World Bank lending (excluding project
lending) with particular reference to structural adjustment.
(20 marks)
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Q4. Consider the extent to which the World Trade Organization (WTO) is able to, and has
bought to, balance the domestics competing interests of trade liberalization and
environment protection. (20 marks)
Q5. “The need for a trade agreement in services has long been questioned. Large segments of
the service economy, from hotels and restaurants to personal services, have traditionally
been considered as domestic activities that do not lend themselves to the application of
trade policy concepts and instruments. Other sectors, from rail transport to
telecommunications, have been viewed as classical domains of government ownership
and control, given their infrastructural importance and the perceived existence in some
cases of natural monopoly situations. A third important group of sectors, including health,
education and basic insurance services, are considered in many countries as government
responsibilities, given their importance for social integration and regional cohesion, which
should be tightly regulated and not left to the rough and tumble of markets. Nevertheless,
some services sectors, in particular international finance and maritime, have been largely
open for centuries – as the natural components to merchandise trade.” (WTO Secretariat).
Critically discuss the way in which the General Agreement on Trade in services
(GATS) regulates continued liberalization of trade in services. In particular consider
whether the GATS permits of too many exemptions and whether it is too onerous for
developing economies. Include an assessment of the way in which the GATS regulates
services supplies by governments. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 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/JANUARY – APRIL 2015/LAW Page 113
ISO 9001:2008 Certified by the Kenya Bureau of Standards
FACULTY OF LAW
EVENING PROGRAMME
CLS 406: CONFLICT OF LAWS
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) Wesley was born in El Salvador of Welsh parents domiciled in El Salvador. In
1928, he married in El Salvador. In 1937, at the age of 35, he left El Salvador and
went to Wales, where he lived with his mother-in-law and looked around for an
estate on which to settle down. He found one in 1939 and from then on, was
admittedly domiciled in Wales. But until then, he had not yet made up his mind
on whether to settle in Wales, Scotland, England or elsewhere. He was not
content with Wales, mainly due to the bad weather – so different to what he was
used to his homeland, El Salvador. His wife died in 1938.
Had Wesley lost his domicile of origin? Why? (10 marks)
b) Explain the main tests with respect to capacity of parties to marry.
(10 marks)
c) What is ‘renvoi’? Explain briefly what you understand by ‘remission’.
(10 marks)
Q2. Discuss the general principles in relation to domicile. (20 marks)
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Q3. Discuss the meaning, nature and scope of the conflict of laws. (20 marks)
Q4. Discuss the proper law Doctrine and reasons that motivated its development. Use well
reasoned judicial authorities to justify your arguments.
(20 marks)
Q5. ‘The “lex loci celebrationis” answers many questions as to the legality of a marriage’. In
view of the foregoing statement, discuss the main requirements for a valid marriage in the
context of the conflict of laws.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 406: CONFLICT OF PUBLIC LAW
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/JANUARY – APRIL 2015/LAW Page 115
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. a) A Kenyan owned vessel was chartered to carry a cargo of sulphur from Vancouver
to India. The ship owner alleged that the cargo was wet when loaded and as a
result caused severe corrosion to the vessel. They are now seeking permission to
serve proceedings on the basis that the contract is governed by Kenyan Law. They
are also required to show that Kenya is the appropriate forum.
With well reasoned arguments identity the forum in which the case can be suitably
tried for the interest of all the parties and for the ends of justice.
(10 marks)
b) Explain the meaning and Application of Renvoi: (10 marks)
c) H & W, both domiciled in Zimbabwe, married in Mali in July 2010 in a religious
ceremony. At that time Malian Law required a civil ceremony. In August 2010, a
new government took power in Mali and passed a new law which enabled religious
ceremonies to be retrospectively validated if they were publicly registered. A child
(Winnie) was born out of the union. H. and W. then came to Kenya and acquired
a domicile here. W then bore a child (Rodney) by P, another Malian. Then,
unknown to W who has separated from H, H registered the Malian ceremony in
Mali. W then went through a marriage ceremony with P at the Nairobi register
office. Rodney asked for a declaration that he had been legitimated by the
subsequent marriage of his parents.
He now approaches you to represent him in the matter. Please advice him.
(10 marks)
Q2. Explain the meaning, nature and scope of the conflict of Laws. (20 marks)
Q3. With the use of decided cases, explain how a domicile of choice can be acquired.
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(20 marks)
Q4. “In order to ascertain the proper law of the contract judges will normally be guided by two
main considerations” Explain those considerations applying relevant judicial decisions.
(20 marks)
Q5. In Shaw vs Gould (1868) L.R. 3 H.L. S.S. 82, Lord Westbury said, “Marriage is the very
foundation of civil society, and no past of the laws and institutions of a county can be of
more vital importance to its subjects than those which regulate the manner and conditions
of forming, and if necessary of dissolving, the marriage contract.”
In the light of the foregoing statement, discuss the nature of the marriage contract and the
tests applied by the courts in determining the validity of a marriage.
(20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
EVENING PROGRAMME
CLS 408: INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW
Date: April 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/JANUARY – APRIL 2015/LAW Page 117
ISO 9001:2008 Certified by the Kenya Bureau of Standards
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. Miss Elizabeth Green a Kenyan citizen 23 years, was dressed in a tight fitting jeans trouser
and a body hugging top dress and was walking along Koinange street, CBD, Nairobi when
she was accosted by three easily identifiable men for indecent dressing. She was stripped
naked, beaten and sexually violated by the three men. What are her rights that have been
infringed upon and what remedies are available to her? Also what is the legal basis of the
“My dress, my choice” mantra?
(30 marks)
Q2. The territorial integrity of a nation is inviolable and nations are enjoined to refrain from the
use of force in their international relations particularly in the realm of settlement of dispute.
In the light of Chapter VII of the UN Charter and the emerging norm of responsibility to
protect (R-2-P) what are the circumstances as that may warrant military intervention in the
affairs of other nations?
(20 marks)
Q3. Modern conflicts are increasingly being fought in cities, towns and densely populated
areas with dire consequences on civilians and non-military targets. Discuss the adequacy
or otherwise of the protection offered by international humanitarian law in scenarios like
this.
(20 marks)
Q4. a) What treaties or conventions make up the African Human Rights systems?
(10 marks)
b) Citing specific examples, discuss what you consider the major contributions of the
African Charter on Human and People’s Rights to the development of International
Human Rights Law? (20 marks)
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Q5. From the era of feudalism to the present man has always and continues to resist any form
of oppression, injustice and abuses which often time resort into revolts uprising,
revolutions and wars which greatly impacted on the evolution of the concept of human
rights. Discuss. (20 marks)
*END*
THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2015 TRIMESTER
FACULTY OF LAW
REGULAR PROGRAMME
CLS 408: INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW
A. M. E. C. E. A P.O. Box 62157
00200 Nairobi - KENYA
Telephone: 891601-6
Fax: 254-20-891084
CUEA/ACD/EXM/JANUARY – APRIL 2015/LAW Page 119
ISO 9001:2008 Certified by the Kenya Bureau of Standards
Date: April 2015 Duration: 2 Hours
INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions
Q1. State A and B are involved are involved in an armed conflict over River Nyando, that lies
between them. The states are fighting through the national armies. However, state B is
Army assisted by a militia group popularly known as Jeshi Bora who carry their weapons
openly. In the course of their engagement, some wounded members of Jeshi Bora who
carry their weapons openly. In the course of their engagement, some wounded members
of Jeshi Bora are captured, disarmed and taken into the custody of state A. Inspite of state
A’s intervention for their release, they are still locked up. It has been reported that the
captured Jeshi Bora members are mostly children, they have been tortured and state B
has plans to prosecute them for acts of aggression.
a) What is the legal status of this kind of conflict and that of ‘Jeshi Bora’ group?
(10 marks)
b) What is the legal protection available to the captured Jeshi Bora members?
(10 marks)
c) What is meant by the ‘principle of distinction’ as applied in International
humanitarian law. (10 marks)
Q2. Trace the history of International Human rights law and elucidate the various challenges
that states face in implementing human rights laws within their boundaries.
(20 marks)
Q3. “International human rights often portrayed as corresponding to three generations.
Despite the diverse sets of interest this categorization seeks to protect, human rights in
International law share a common purpose.”__Anonymous. Substantiate this argument.
(20 marks)
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Q4. International Humanitarian Law aims at mitigating the effects of war. To achieve this,
certain principles for the protection of civilians and their property have been developed
over time. Analyze any FOUR of those principles.
(20 marks)
Q5. Write explanatory notes on the following
a) Kenya National Commission human Rights (5 marks)
b) War crimes (5 marks)
c) Protections of refugees in IHL (5 marks)
d) Emblems of humanity (5 marks)
*END*
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