Get premium membership and access questions with answers, video lessons as well as revision papers.
(i) Lack of parliamentary time: parliament has insufficient time to legislate on all matters
be they national or otherwise. By delegating some of its law-making authority, parliament can
save time to solve much more pressing problems.
(ii) Speed the procedure of law making in parliament is slow and parliament is not always
in session to cope with any emergency or urgent problem that may arise. The alternative to
dealing with such a situation is to delegate some powers to a competent authority.
(iii) Technicality of subject matter: sometimes the proposed legislation is so technical
in nature that it demands an expert to handle it. Since parliament is essentially a general
body, rather than a body of experts, such legislation can best be dealt with by a minister
assisted by experts in the area of the proposed legislation.
(iv) Flexibility: Law making by parliament is field to rigid provisions of the constitution and
the National Assembly Standing Orders, and if a situation arise which necessitates the
immediate repeal or amendment of an Act, it has to be effected through this procedure.
A quicker way would be to have the ministerial rule or regulation in question withdrawn or
amended by the minister who issued it.
maurice.mutuku answered the question on April 25, 2018 at 12:17
- Mrs. Mutua employed Emmah as her sales agent. For several years Emmah sold goods
to Mrs Cool, the proprietor of Ever Smart Boutique. Subsequently, Mrs. Mutua
dismissed...(Solved)
Mrs. Mutua employed Emmah as her sales agent. For several years Emmah sold goods
to Mrs Cool, the proprietor of Ever Smart Boutique. Subsequently, Mrs. Mutua
dismissed Emmah but did not inform Mrs. Cool of Emmah‟s dismissal.
After her dismissal, Emmah collected Sh. 50,000 from Mrs. Cool on behalf of Mrs.
Mutua. Mrs. Mutua has demanded the Sh. 50,000 from Mrs Cool who has refused to pay as she had
already paid Emmah. Mrs Mutua intends to sue Mrs Cool.
Advise Mrs. Mutua.
Date posted: April 25, 2018. Answers (1)
- What are the circumstances under which a principal may be estopped from revoking an
agent's authority?(Solved)
What are the circumstances under which a principal may be estopped from revoking an
agent's authority?
Date posted: April 25, 2018. Answers (1)
- State and explain the duties of a bailee in a bailment contract(Solved)
State and explain the duties of a bailee in a bailment contract.
Date posted: April 25, 2018. Answers (1)
- Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa”
take effect?(Solved)
Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa”
take effect?
Date posted: April 25, 2018. Answers (1)
- Describe the ways in which a valid written will may be revoked.(Solved)
Describe the ways in which a valid written will may be revoked.
Date posted: April 25, 2018. Answers (1)
- Explain the defences available to a person sued in an action brought against
him under this rule.(Solved)
Explain the defences available to a person sued in an action brought against
him under this rule.
Date posted: April 25, 2018. Answers (1)
- Jambazi sneaked into Cassman Green?s compound with the intention of
breaking into his car and stealing a radio cassette. As he was walking towards the car
park,...(Solved)
Jambazi sneaked into Cassman Green's compound with the intention of
breaking into his car and stealing a radio cassette. As he was walking towards the car
park, he fell into a pit which Green had dug to construct a water reservoir. As a result
Jambazi was seriously injured.
Jambazi now seeks your legal advice as to whether he can successfully sue Green.
State the legal principles applicable to the above facts and advise Jambazi.
Date posted: April 25, 2018. Answers (1)
- Explain the legal principle in the Rule in Rylands Vs. Fletcher(Solved)
Explain the legal principle in the Rule in Rylands Vs. Fletcher.
Date posted: April 25, 2018. Answers (1)
- Karanja has been a tenant in Wamalwa?s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa...(Solved)
Karanja has been a tenant in Wamalwa‟s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa is aggrieved as
Karanja has broken all the doors in the house following several fights with his wife.
Wamalwa now seeks your advice on the various ways in which he may terminate the
lease agreement and lawfully evict
Karanja.
Advise Wamalwa.
Date posted: April 25, 2018. Answers (1)
- Explain the main characteristics of easements.(Solved)
Explain the main characteristics of easements.
Date posted: April 25, 2018. Answers (1)
- Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most...(Solved)
Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most wanted carjacker” in
the city. The reward of Sh. 100,000 was advertised in the local dailies. Ole
Ndume who did not know of the reward volunteered information to Inspector Sniff
and Rastara was arrested and convicted. However, Inspector Sniff did not give Ole
Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt
of the reward. He seeks your legal advice on whether he can successfully claim the
reward.
Advice Ole Ndume.
Date posted: April 25, 2018. Answers (1)
- What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.(Solved)
What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.
Date posted: April 25, 2018. Answers (1)
- Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.(Solved)
Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.
Date posted: April 25, 2018. Answers (1)
- Beeky and Beth entered into a partnership selling girls clothing under the registered name of Girlie Becky, without consulting Beth set up a boys clothing shop...(Solved)
Beeky and Beth entered into a partnership selling girls? clothing under the registered
name of Girlie Becky, without consulting Beth set up a boy's clothing shop under
the registered name “BOYZ Clothes” while retaining her partnership with "Girlie". This
has given rise to frequent quarrels between Becky and Beth. Beth has now refused Becky
admission to the firm;s premises and will not discuss the position with Becky.
Beth wishes to dissolve the partnership and would like Becky to account for profits she
has derived from BOYZ Cloths.”.
Advise Beth.
Date posted: April 25, 2018. Answers (1)
- State how the equitable principle of utmost good faith is manifested in the daily
operations of a partnership.(Solved)
State how the equitable principle of utmost good faith is manifested in the daily
operations of a partnership.
Date posted: April 25, 2018. Answers (1)
- Explain the ways in which a Partnership may be dissolved without a court order.(Solved)
Explain the ways in which a Partnership may be dissolved without a court order.
Date posted: April 25, 2018. Answers (1)
- One of the principal duties of an agent is expressed by the maxim “delegates
non potest delegare.”
State and identify five circumstances under which this rule or...(Solved)
One of the principal duties of an agent is expressed by the maxim “delegates
non potest delegare.”
State and identify five circumstances under which this rule or maxim does not apply.
Date posted: April 24, 2018. Answers (1)
- Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase...(Solved)
Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. 30,000
and the balance was payable by monthly instalments of Sh. 5,000. After paying
instalments for six months, he defaulted. Malipo Rahisi ltd. Promptly repossessed the
goods.
Discuss the legal position.
Date posted: April 24, 2018. Answers (1)
- Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions
are deemed void if contained in a hire purchase agreement.
Identify and...(Solved)
Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions
are deemed void if contained in a hire purchase agreement.
Identify and explain five such provisions.
Date posted: April 24, 2018. Answers (1)
- Name the criticisms that have been leveled against delegate legislation as a source of law.(Solved)
Name the criticisms that have been leveled against delegate legislation as a source of law.
Date posted: April 24, 2018. Answers (1)