Get premium membership and access questions with answers, video lessons as well as revision papers.
(a) Criminal and civil law
(i) Criminal law: this is the law of crimes or offences. A crime is often defined as an act
or omission, committed or omitted in violation of public law.
It is a contravention of state law and suspects are generally arrested and prosecuted by the
state.
(ii) Civil law: this is law concerned with rights, duties and powers of parties in
ordinary transactions and include Law of Contract, Law of Torts, Law of Marriage, Law of
succession or Law of Property.
A person whose rights have been violated is said to have a cause of action that is,
reason to sue, for example breach of contract, negligence, defamation battery,
assault, conversion.
The innocent party institutes proceedings against the alleged wrongdoer and
prosecutes the same.
(b) Substantive and Procedural law.
(i) Substantive law: consists of the rules themselves as opposed to the procedure on how
to apply them.
It is concerned with the rights and duties of parties and provides remedies, for
example law of contract, law of torts, law of succession. It defines offences and
prescribes punishment for example penal code.
(ii) Procedural law : consists of the steps or guiding principles or rules of practice to
be complied with in the application of substantive law.
It is often referred to as adjectival law.
It is the hand maiden of substantive law. Examples include Criminal Procedure Code Cap
75, Civil Procedure Act, Cap 21.
(c) National and International Law.
(i) National law: this is municipal or state law and consists of all rules of law operational within
the boundaries of a given country. It generally regulates relation between citizens and the
state and citizens inter se. It originates from acts of parliament as well as customary and
religious practices of the people.
(ii) International law: this is a body of rules which regulates the relation between states
orcountries and other international persons for example the United Nations. International
law is based on international agreements or conventions or treaties and customary practices
of states.
maurice.mutuku answered the question on April 25, 2018 at 12:49
- State and explain four reasons for delegated legislation.(Solved)
State and explain four reasons for delegated legislation.
Date posted: April 25, 2018. Answers (1)
- 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)