Home/BUSINESS LAW
  1. Asked: January 20, 2023In:

    Outline four rights that the constitution of Kenya guarantees an individual.(8 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Right to life: The constitution guarantees the right to life, which means that no person shall be arbitrarily deprived of their life. Right to personal liberty: The constitution guarantees the right to personal liberty, which means that no person shall be deprived of their liberty except in accordanRead more

    1. Right to life: The constitution guarantees the right to life, which means that no person shall be arbitrarily deprived of their life.
    2. Right to personal liberty: The constitution guarantees the right to personal liberty, which means that no person shall be deprived of their liberty except in accordance with the law.
    3. Right to human dignity: The Constitution guarantees the right to human dignity, which means that every person has an inherent dignity and the right to have that dignity respected and protected.
    4. Right to fair trial: The constitution guarantees the right to a fair trial, which means that every person has the right to a fair and public hearing within a reasonable time by an independent and impartial court or tribunal.
    5. Right to privacy: The constitution guarantees the right to privacy, which means that no person shall be subjected to search, arrest or detention except in accordance with the law.
    6. Right to freedom of expression: The Constitution guarantees the right to freedom of expression, which means that every person has the right to freedom of expression, which includes freedom to seek, receive, and impart information and ideas of all kinds.
    7. Right to equality and freedom from discrimination: The Constitution guarantees the right to equality and freedom from discrimination, which means that no person shall be discriminated against on any grounds, including race, gender, sex, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth.
    8. Right to freedom of assembly: The Constitution guarantees the right to freedom of assembly, which means that every person has the right to freedom of peaceful assembly, which shall include the right to demonstrate, picket, and present petitions.
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  2. Asked: January 20, 2023In:

    Outline six functions of the rent tribunal. (12 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Hear and determine disputes: The rent tribunal has the power to hear and determine disputes between landlords and tenants, such as disputes over rent increases, eviction, and maintenance of the property. Setting rents: The rent tribunal is responsible for determining fair and reasonable rents for reRead more

    1. Hear and determine disputes: The rent tribunal has the power to hear and determine disputes between landlords and tenants, such as disputes over rent increases, eviction, and maintenance of the property.
    2. Setting rents: The rent tribunal is responsible for determining fair and reasonable rents for rental properties in cases of disputes between landlords and tenants.
    3. Mediation and conciliation: The rent tribunal can act as a mediator or conciliator to help resolve disputes between landlords and tenants through negotiation and compromise.
    4. Eviction: The rent tribunal can order the eviction of tenants if it finds that the tenant has breached the terms of the lease agreement.
    5. Repair and maintenance of property: The rent tribunal can order landlords to make necessary repairs and maintenance to rental properties in cases where the property is in disrepair.
    6. Rent control: The rent tribunal is responsible for implementing and enforcing rent control laws, which limits the amount of rent that can be charged for rental properties.
    7. Hear appeals: The rent tribunal can hear appeals from decisions made by lower courts or other bodies related to disputes about rental properties.
    8. Provide information and guidance: The rent tribunal can provide information and guidance to landlords and tenants about their rights and responsibilities under the law.
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  4. Asked: January 20, 2023In:

    A married woman has authority to act as her husband’s agent to take necessities on credit. Highlight instances when such authority may come to an end, (12 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Divorce or legal separation: Upon divorce or legal separation, the authority of the wife to act as her husband's agent will end, as the legal relationship between them is dissolved. Death of the husband: Upon the death of the husband, the authority of the wife to act as his agent will end, as the leRead more

    1. Divorce or legal separation: Upon divorce or legal separation, the authority of the wife to act as her husband’s agent will end, as the legal relationship between them is dissolved.
    2. Death of the husband: Upon the death of the husband, the authority of the wife to act as his agent will end, as the legal relationship between them is terminated.
    3. Revocation of authority: The husband may revoke the authority given to the wife to act as his agent at any time, by giving her written notice.
    4. Insolvency of the husband: In case of the husband’s insolvency, the authority of the wife to act as his agent will end as the husband’s ability to pay the debts is in question
    5. Fraud or Misrepresentation: If the wife uses the authority for fraudulent or misrepresentation purposes, the husband can revoke the authority.
    6. Judgment against the husband: If a judgment is passed against the husband for non-payment of debts and he is declared bankrupt, the authority of the wife will end as the husband is unable to pay the debts.
    7. Incompetence of the husband: If the husband is declared incompetent by a court of law, the authority of the wife will end as the husband is unable to make decisions.
    8. Change of residence: If the husband and wife change their residence and the husband no longer reside in the same location as the wife, the authority may end as it would be difficult for the wife to act as an agent for the husband.
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  5. Asked: January 20, 2023In:

    Explain four duties of an advocate in Kenya. (8 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Representation of clients: An advocate's primary duty is to represent clients in legal proceedings, including in court, arbitration, and mediation. Legal advice: An advocate is responsible for providing clients with legal advice and guidance on their legal rights and obligations. Preparation of legaRead more

    1. Representation of clients: An advocate’s primary duty is to represent clients in legal proceedings, including in court, arbitration, and mediation.
    2. Legal advice: An advocate is responsible for providing clients with legal advice and guidance on their legal rights and obligations.
    3. Preparation of legal documents: An advocate is responsible for preparing legal documents such as contracts, agreements, and pleadings for clients.
    4. Ethical conduct: An advocate is bound by the rules of professional conduct and ethics, and is expected to act with integrity and honesty in all professional dealings.
    5. Continuing legal education: An advocate is expected to continuously update their knowledge and skills through continuing legal education.
    6. Independence and confidentiality: An advocate is expected to maintain independence and confidentiality when representing clients, and should not disclose information learned in the course of representation without the client’s consent.
    7. Fiduciary duty: An advocate has a fiduciary duty to act in the best interest of the client, and to prioritize the client’s interest over their own.
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  6. Asked: January 20, 2023In:

    Jackson sneaked into Maiba’s compound at dawn with the intention of stealing mangoes from a mango tree within the compound. As Jackson walked towards the tree, he fell into an open pit dug by Maiba to construct a latrine. Maiba found him still inside the pit, with a broken leg, where he confessed his intentions. Explain whether Maiba can successfully sue Jackson for trespass. (10 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Unauthorized entry: Jackson sneaked into Maiba's compound at dawn with the intention of stealing mangoes, which constitutes an unauthorized entry onto Maiba's property. Intent: Jackson had the intent to steal mangoes which is a criminal activity, and that constitutes trespass. Damage: Jackson causedRead more

    1. Unauthorized entry: Jackson sneaked into Maiba’s compound at dawn with the intention of stealing mangoes, which constitutes an unauthorized entry onto Maiba’s property.
    2. Intent: Jackson had the intent to steal mangoes which is a criminal activity, and that constitutes trespass.
    3. Damage: Jackson caused damage to the property by falling into the pit that was dug by Maiba for a latrine, which shows that Jackson’s actions caused harm to the property.
    4. Possession of property: Maiba has possession of the property and has the legal right to exclude others from entering the property without permission.
    5. Notice of Trespass: Maiba has the right to give notice of trespass to Jackson and ask him to leave the property or face legal action.
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  7. Asked: January 20, 2023In:

    Explain five grounds that may justify summary dismissal of an employee from employment. (10 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Gross misconduct: Summary dismissal may be justified for acts of gross misconduct, such as theft, fraud, physical violence, and gross insubordination. Breach of company policies: Summary dismissal may be justified for a serious breach of company policies, such as violation of health and safety rulesRead more

    1. Gross misconduct: Summary dismissal may be justified for acts of gross misconduct, such as theft, fraud, physical violence, and gross insubordination.
    2. Breach of company policies: Summary dismissal may be justified for a serious breach of company policies, such as violation of health and safety rules, harassment, discrimination, and dishonesty.
    3. Damage to the employer’s reputation: Summary dismissal may be justified for actions that cause significant damage to the employer’s reputation, such as leaking confidential information or making derogatory statements about the employer.
    4. Illegality: Summary dismissal may be justified for actions that are illegal, such as drug use or possession at the workplace, or activities that may bring the company into disrepute.
    5. Immediate danger to other employees: Summary dismissal may be justified if the employee’s conduct poses an immediate danger to the health or safety of other employees.
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  8. Asked: January 20, 2023In:

    Waire entered into contract with Riuki Contractors in which Riuki Contractors was to construct a house for Waire. They expressly agreed that the house should be completed within four months. By the end of the four months, Riuki contractors had only done half of the work. Waire is aggrieved and intends to file a suit against Riuki Contractors. Explain the legal principles that are relevant to this case. (10 marks)November 2022

    Best Answer
    Jemshah Enlightened

    In this case, there are several legal principles that are relevant: Contractual terms: The contract between Waire and Riuki Contractors contains a term that the house should be completed within four months. This term is binding on both parties and is enforceable by law. Breach of contract: Riuki ConRead more

    In this case, there are several legal principles that are relevant:

    1. Contractual terms: The contract between Waire and Riuki Contractors contains a term that the house should be completed within four months. This term is binding on both parties and is enforceable by law.
    2. Breach of contract: Riuki Contractors have failed to complete the work within the agreed-upon four months. This is a breach of the contract and Waire is entitled to seek a remedy for this breach.
    3. Remedies for breach of contract: Waire may seek a remedy for the breach of contract, such as specific performance (which would require Riuki Contractors to complete the work as agreed), or damages (which would compensate Waire for any losses suffered as a result of the breach).
    4. Time as the essence of the contract: Time is an important aspect of the contract and the parties have agreed that completion of the house within four months is of the essence of the contract. This means that time is a vital part of the contract and a failure to complete the work within the agreed time frame is a material breach.
    5. Duty to mitigate: Waire has a duty to mitigate their losses by taking reasonable steps to minimize the impact of the breach, such as seeking alternative contractors to complete the work.
    6. Duty to perform: Riuki Contractors have a duty to perform the contract and complete the work as agreed. They are responsible for any losses suffered by Waire as a result of the breach.
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  9. Asked: January 20, 2023In:

    In relation to the law of property: (ii) outline two characteristics that distinguish possession from ownership. (4 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Control: Possession refers to the physical control or occupation of property, while ownership refers to the legal right to control and dispose of property. A person may be in possession of property without being the owner, such as a tenant in a rental property. Duration: Possession is generally tempRead more

    1. Control: Possession refers to the physical control or occupation of property, while ownership refers to the legal right to control and dispose of property. A person may be in possession of property without being the owner, such as a tenant in a rental property.
    2. Duration: Possession is generally temporary, while ownership is generally considered to be permanent. Possession may be lost through abandonment, eviction, or by the owner reclaiming the property. Ownership, on the other hand, may only be transferred through specific legal means such as sale, gift, or inheritance.
    3. Claim of right: Possession is the physical control of property without any legal right to it, while ownership is the legal right to control and dispose of property that comes with the right to exclude others from it.
    4. Right to exclude: Ownership carries the right to exclude others from the property, while possession does not necessarily carry that right.
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  10. 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

    Best Answer
    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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  11. Asked: January 20, 2023In:

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

    Best Answer
    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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