Home/ Jemshah/Best Answers
  1. Asked: January 20, 2023In:

    In relation to the law of property: (i) explain three ways in which ownership may be acquired; (6 marks)November 2022

    Jemshah Enlightened

    Purchase: Ownership may be acquired through the purchase of property, either by paying the full price or by making a deposit and paying the balance in instalments. Gift: Ownership may be acquired through the gift of property, either by a deed of gift or by delivery of the property with the intentionRead more

    1. Purchase: Ownership may be acquired through the purchase of property, either by paying the full price or by making a deposit and paying the balance in instalments.
    2. Gift: Ownership may be acquired through the gift of property, either by a deed of gift or by delivery of the property with the intention of making a gift.
    3. Inheritance: Ownership may be acquired through inheritance, either by will or by the operation of the laws of intestacy.
    4. Finding: Ownership may be acquired through the process of finding, where a person finds lost or abandoned property and takes possession of it with the intention of owning it.
    5. Adverse possession: Ownership may be acquired through adverse possession, where a person openly and continuously possesses property for a certain period of time, and meets the legal requirements, such as paying taxes and making necessary repairs.
    6. Creation: Ownership may be acquired through the creation of property, such as through construction, manufacturing, or other forms of creation.
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  2. Asked: January 20, 2023In:

    Explain five ways in which the supremacy of the constitution of Kenya is manifested.(10 marks)November 2022

    Jemshah Enlightened

    Superiority over other laws: The Constitution is the supreme law of the land and any other law found to be inconsistent with it is void to the extent of the inconsistency. Bill of Rights: The Constitution guarantees the fundamental rights and freedoms of the people of Kenya and these rights are supeRead more

    1. Superiority over other laws: The Constitution is the supreme law of the land and any other law found to be inconsistent with it is void to the extent of the inconsistency.
    2. Bill of Rights: The Constitution guarantees the fundamental rights and freedoms of the people of Kenya and these rights are superior to any other laws.
    3. Judicial Review: The courts have the power to review the constitutionality of any law or act of any organ of government and to declare it null and void if it is inconsistent with the Constitution.
    4. Separation of powers: The Constitution establishes a system of separation of powers among the Executive, Judiciary and the legislature, and provides for the independence of the Judiciary.
    5. Participation of the people: The Constitution establishes mechanisms for the participation of the people, such as the citizens’ right to petition the government, and the right to participate in governance through regular, free and fair elections.
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  3. Asked: January 20, 2023In:

    In relation to the law for succession, explain five characteristics of a will. (10 marks)

    Jemshah Enlightened

    Testamentary intent: A will must be executed with the intent to dispose of one's assets after death. Writing: A will must be in writing and signed by the testator, or by someone else in their presence and under their direction. Formality: Wills are generally subject to certain formal requirements suRead more

    1. Testamentary intent: A will must be executed with the intent to dispose of one’s assets after death.
    2. Writing: A will must be in writing and signed by the testator, or by someone else in their presence and under their direction.
    3. Formality: Wills are generally subject to certain formal requirements such as witnesses, date and place of execution.
    4. Revocable: A will can be amended or revoked by the testator at any time before their death.
    5. Capacity: The testator must have the legal capacity to make a will, meaning they must be of legal age and of sound mind.
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  4. Asked: January 20, 2023In:

    In relation to the law of contract, highlight five rules that the courts apply to distinguish liquidated damages from penalties. (10 marks)November 2022

    Jemshah Enlightened

    The courts apply several rules to distinguish liquidated damages from penalties in relation to the law of contract. These include: Genuine pre-estimate of loss: Liquidated damages are an estimated sum of money agreed upon by the parties as the amount of compensation that will be paid in the event ofRead more

    The courts apply several rules to distinguish liquidated damages from penalties in relation to the law of contract. These include:

    1. Genuine pre-estimate of loss: Liquidated damages are an estimated sum of money agreed upon by the parties as the amount of compensation that will be paid in the event of a breach of contract. If the amount is a genuine pre-estimate of the loss that is likely to be suffered as a result of a breach, it will be considered a liquidated damages clause.
    2. Purpose of the clause: If the purpose of the clause is to compensate for a loss, it will be considered a liquidated damages clause. If the purpose is to deter the breaching party from breaching the contract, it will be considered a penalty.
    3. Comparison with actual loss: The courts will compare the amount of liquidated damages to the actual loss suffered as a result of the breach. If the liquidated damages are disproportionate to the loss, it may be considered a penalty.
    4. Unenforceable penalty: A clause that imposes a penalty is unenforceable and the court will not enforce it.
    5. The clause should be reasonable: The clause should be reasonable in the sense that it should not be out of proportion to the harm or loss caused by the breach.
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  5. Asked: January 20, 2023In:

    Explain five defences available to a person sued under the rule of Rylands vs Fletcher.(10 marks)November 2022

    Jemshah Enlightened

    The rule of Rylands v Fletcher is a legal principle that holds a person liable for any damage caused by a non-natural use of land. The following are five defenses that may be available to a person sued under this rule: Act of God: A defendant may argue that the damage was caused by an act of God, suRead more

    The rule of Rylands v Fletcher is a legal principle that holds a person liable for any damage caused by a non-natural use of land. The following are five defenses that may be available to a person sued under this rule:

    1. Act of God: A defendant may argue that the damage was caused by an act of God, such as a natural disaster, and that they should not be held liable.
    2. Volenti non fit injuria: A defendant may argue that the plaintiff consented to the risk of harm and should not be able to claim damages.
    3. Statutory authority: A defendant may argue that they were acting under the authority of a statute or ordinance and should not be held liable.
    4. Act of third party: A defendant may argue that the damage was caused by the actions of a third party and that they should not be held liable.
    5. Inevitable accident: A defendant may argue that the damage was caused by an inevitable accident, which they could not have reasonably foreseen or prevented, and that they should not be held liable.
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  6. Asked: January 20, 2023In:

    A principal is generally liable for the acts of the agent. Outline six exceptions to this rule. (12 marks)November 2022

    Jemshah Enlightened

    When the agent exceeds their authority: If the agent acts outside the scope of their authority, the principal may not be held liable for their actions. When the agent acts independently: If the agent acts independently and without the knowledge or consent of the principal, the principal may not be hRead more

    1. When the agent exceeds their authority: If the agent acts outside the scope of their authority, the principal may not be held liable for their actions.
    2. When the agent acts independently: If the agent acts independently and without the knowledge or consent of the principal, the principal may not be held liable.
    3. When the agent acts fraudulently: If the agent acts fraudulently or with intent to deceive the principal, the principal may not be held liable for their actions.
    4. When the agent is an independent contractor: If the agent is an independent contractor and not an employee of the principal, the principal may not be held liable for their actions.
    5. When the agent is a public official: If the agent is a public official acting within their official capacity, the principal may not be held liable for their actions.
    6. When the agent is under duress or coercion: If the agent is forced to act against their will by threats or coercion, the principal may not be held liable for their actions.
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  7. Asked: January 20, 2023In:

    Explain four circumstances under which African customary law is applicable in Kenyan courts. (8 marks)November 2022

    Jemshah Enlightened

    When the parties involved in a dispute have agreed to apply customary law: If the parties to a dispute have agreed to apply customary law, the court will take this into consideration and apply the relevant customs to the case. When the dispute concerns property or family matters: Customary law is ofRead more

    1. When the parties involved in a dispute have agreed to apply customary law: If the parties to a dispute have agreed to apply customary law, the court will take this into consideration and apply the relevant customs to the case.
    2. When the dispute concerns property or family matters: Customary law is often applied in cases involving property disputes and family matters, such as inheritance, marriage and divorce. This is particularly true when the parties involved are of the same ethnic group and their customs are not in conflict with the Constitution of Kenya.
    3. In criminal cases, when the accused is charged with an offense under customary law and the parties involved consent to the application of customary law: In criminal cases, customary law can be applied if all parties involved agree to it and the accused is charged with an offense that is recognized under customary law.
    4. When the customary law is not in conflict with the written law: The court will only apply customary law if it does not conflict with written laws such as the Constitution, and it meets the standard of natural justice, reasonableness and fairness.
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  8. Asked: January 19, 2023In:

    Distinguish between ring and radial power circuits. Oct/Nov. 2022

    Jemshah Enlightened

    Ring and radial power circuits are two types of electrical wiring systems that are used to distribute electrical power in buildings and other structures. A ring circuit, also known as a "ring main," is a type of electrical wiring system in which the power source is connected to a series of outlets oRead more

    Ring and radial power circuits are two types of electrical wiring systems that are used to distribute electrical power in buildings and other structures.

    A ring circuit, also known as a “ring main,” is a type of electrical wiring system in which the power source is connected to a series of outlets or devices in a circular configuration. The power flows in one direction around the circuit, and any break or interruption in the circuit will cause the entire circuit to lose power. Ring circuits are typically used in commercial and industrial buildings, and are often found in older buildings.

    A radial circuit, on the other hand, is a type of electrical wiring system in which the power source is connected to a series of outlets or devices in a linear configuration. The power flows in one direction from the source to the outlets or devices, and any break or interruption in the circuit will only affect the part of the circuit downstream of the interruption. Radial circuits are typically used in residential buildings and are often found in newer buildings.

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  9. Asked: January 19, 2023In:

    Explain the following factors that determine the type of wiring system for an electrical installation: I. cost; Il. safety. Oct/Nov. 2022

    Jemshah Enlightened

    I. Cost: The cost of the wiring system is an important factor that determines the type of wiring system used for an electrical installation. Different types of wiring systems have varying costs, and the choice of wiring system will depend on the budget available for the project. For example, a wiredRead more

    I. Cost: The cost of the wiring system is an important factor that determines the type of wiring system used for an electrical installation. Different types of wiring systems have varying costs, and the choice of wiring system will depend on the budget available for the project. For example, a wired electrical installation may be less expensive than a wireless one.

    II. Safety: Safety is a crucial factor that determines the type of wiring system used for an electrical installation. Different types of wiring systems have varying safety features, and the choice of wiring system will depend on the level of safety required for the project. For example, a wiring system that is designed to prevent electrical fires may be more suitable for use in a residential building than a wiring system that does not have this feature. The safety of the wiring system is also determined by the materials used, the type of insulation and protection required, and how the system is designed to prevent electrical shocks and electrocution.

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  10. Asked: January 19, 2023In:

    State two advantages of each of the following materials used in electrical cables: Copper, rubber. (4 marks)Oct/Nov. 2022

    Jemshah Enlightened

    Copper: High electrical conductivity: Copper has a high electrical conductivity which makes it an ideal material for electrical cables as it allows for high energy transmission with minimal energy loss. Durability: Copper is a durable material that can withstand high temperatures, making it suitableRead more

    Copper:

    1. High electrical conductivity: Copper has a high electrical conductivity which makes it an ideal material for electrical cables as it allows for high energy transmission with minimal energy loss.
    2. Durability: Copper is a durable material that can withstand high temperatures, making it suitable for use in high-temperature environments.

    Rubber:

    1. Insulation: Rubber is a good insulator, which makes it an ideal material for electrical cables as it prevents electrical energy from escaping and keeps people safe.
    2. Flexibility: Rubber is a flexible material, which makes it easy to bend and shape into different forms. This makes it suitable for use in applications where cables need to be bent or twisted.
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