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Customary Law In Kenya Question Paper

Customary Law In Kenya

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2008

KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2008/2009
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF
LAW
LPL 101: CUSTOMARY LAW IN KENYA

DATE: Tuesday 25th November, 2008

TIME: 8.00 a.m. – 10.00 a.m.

INSTRUCTIONS
Question 1 is compulsory. Answer any other two (2) questions.

1. Would you as a legal scholar advocate for the consolidation and codification of
African Customary Law in Kenya. Give your considered reasons for and against
such a proposal.

(30 Marks)

2. Using decided cases, illustrate three (3) areas where one may bring up a claim
under Customary Law in the Kenyan Courts.

(20 Marks)

3. “ The High Court and all subordinate courts shall be guided by African
Customary Law in civil cases in which one or more of the parties is subject to it
or affected by it or so far as it is applicable and is not repugnant to justice and
morality or inconsistent with any written law and shall decide such cases
according to substantial justice without undue regard to technicalities of
procedure and without undue delay”

Discuss the implication of this legal provision vis-à-vis the manner in which African
Customary Law has been applied or misapplied in Kenya.

(20 Marks)

4. To what extent does the Law of Succession Act 1981 embody Customary Law
rights of inheritance in Kenya?

(20 Marks)

5. The concept of trust in land under the Registered Land Act has been imported into
judicial application in order to recognise customary land rights in Kenya.

Discuss the statement with the aid of case law to show where the Courts have applied
the concept.

2

Customary Law In Kenya Question Paper

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