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Highlight six qualifications that a person should possess for appointment as the Chief Justice of Kenya. (9 marks)July 2020
Citizenship: One qualification that a person should possess for appointment as the Chief Justice of Kenya is citizenship of Kenya. This is typically a requirement for high-level positions in the government, and it is intended to ensure that the person is committed to serving the interests of the couRead more
- Citizenship: One qualification that a person should possess for appointment as the Chief Justice of Kenya is citizenship of Kenya. This is typically a requirement for high-level positions in the government, and it is intended to ensure that the person is committed to serving the interests of the country.
- Legal education: A second qualification that a person should possess for appointment as the Chief Justice is a legal education. This typically includes a law degree or other advanced legal qualification, and it is intended to ensure that the person has a strong foundation in the principles and practices of law.
- Professional experience: A third qualification that a person should possess for appointment as the Chief Justice is professional experience in the legal field. This can include experience as a judge, lawyer, or legal scholar, and it is intended to demonstrate the person’s expertise and skills in the field of law.
- Leadership skills: A fourth qualification that a person should possess for appointment as the Chief Justice is leadership skills. The Chief Justice is responsible for leading the judiciary and ensuring the effective administration of justice, and strong leadership skills are essential for this role.
- Integrity: A fifth qualification that a person should possess for appointment as the Chief Justice is integrity. The Chief Justice is expected to uphold the highest standards of ethics and integrity, and any past conduct that calls into question the person’s integrity may disqualify them from being appointed to this role.
- Impartiality: A sixth qualification that a person should possess for appointment as the Chief Justice is impartiality. The Chief Justice is expected to be unbiased and fair in their decisions, and any past conduct that calls into question the person’s impartiality may disqualify them from being appointed to this role.
See lessExplain four remedies available to a person whose land has been trespassed. (8 marks)July 2020
Trespass to land: One remedy available to a person whose land has been trespassed is to bring a claim for trespass to land. This is a civil claim that can be brought against the person who entered the land without permission, and it can result in damages being awarded to the owner of the land. EjectRead more
- Trespass to land: One remedy available to a person whose land has been trespassed is to bring a claim for trespass to land. This is a civil claim that can be brought against the person who entered the land without permission, and it can result in damages being awarded to the owner of the land.
- Ejectment: A second remedy available to a person whose land has been trespassed is to bring a claim for ejectment. This is a legal action that seeks to remove the trespasser from the land and to restore possession of the land to the owner.
- Self-help: A third remedy available to a person whose land has been trespassed is self-help, which means taking action to remove the trespasser from the land without the involvement of the courts. This can include physically removing the trespasser or using reasonable force to prevent them from entering the land again.
- Injunction: A fourth remedy available to a person whose land has been trespassed is to seek an injunction, which is a court order that prohibits the trespasser from entering the land or engaging in certain activities on the land. Injunctions can be temporary or permanent, and they can be an effective way to prevent further trespasses from occurring.
See lessIn relation to the law of contract, outline six elements of misrepresentation. (9 marks)July 2020
A statement of fact: One element of misrepresentation is a statement of fact, which is a statement made by one party to the contract that is intended to be taken as true. This can include statements about the nature or characteristics of the goods or services being offered, or about the parties themRead more
- A statement of fact: One element of misrepresentation is a statement of fact, which is a statement made by one party to the contract that is intended to be taken as true. This can include statements about the nature or characteristics of the goods or services being offered, or about the parties themselves.
- Falsehood of the statement: A second element of misrepresentation is the falsehood of the statement, which means that the statement is not true or accurate. This can occur if the statement is deliberately misleading or if it is made without reasonable care or due diligence to ensure its accuracy.
- Inducement: A third element of misrepresentation is inducement, which means that the false statement was made with the intention of inducing the other party to enter into the contract. This means that the false statement was a material factor in the other party’s decision to enter into the contract.
- Reliance: A fourth element of misrepresentation is reliance, which means that the other party relied on the false statement in entering into the contract. This means that the false statement was a significant factor in the other party’s decision to enter into the contract and that they would not have entered into the contract if they had known the statement was false.
- Damage: A fifth element of misrepresentation is damage, which means that the other party suffered some form of loss or injury as a result of relying on the false statement. This can include financial losses, such as the cost of the goods or services being provided, or intangible losses, such as the loss of reputation or business opportunities.
See lessstate four offences that are triable by the court martial. (4 marks)July 2020
Offences under military law: One type of offence that is triable by the court martial is an offence under military law, such as disobedience of orders, desertion, or conduct prejudicial to good order and discipline. These offences are specific to the military and apply to members of the armed forcesRead more
- Offences under military law: One type of offence that is triable by the court martial is an offence under military law, such as disobedience of orders, desertion, or conduct prejudicial to good order and discipline. These offences are specific to the military and apply to members of the armed forces or other individuals subject to military law.
- Offences committed on active duty: A second type of offence that is triable by the court martial is an offence committed on active duty, such as assault, theft, or drug trafficking. These offences may be considered more serious due to the fact that they were committed while the individual was serving in the military.
- Offences committed on a military base: A third type of offence that is triable by the court martial is an offence committed on a military base, such as trespassing or vandalism. Military bases are considered sovereign territory, and offences committed on them may be subject to military jurisdiction.
- Offences committed abroad: A fourth type of offence that is triable by the court martial is an offence committed abroad, such as a crime committed while on deployment or while serving in a foreign country. These offences may be subject to military jurisdiction depending on the laws of the host country and the status of the individual committing the offence.
See lesslist four types of Oe an employee is entitled to. (4 marks)July 2020
Annual leave: One type of leave that an employee is typically entitled to is annual leave, which is time off work that is granted on a regular basis, such as once per year. Annual leave is often calculated based on the number of years of service an employee has, and it is typically used for vacationRead more
- Annual leave: One type of leave that an employee is typically entitled to is annual leave, which is time off work that is granted on a regular basis, such as once per year. Annual leave is often calculated based on the number of years of service an employee has, and it is typically used for vacation or personal time.
- Sick leave: Another type of leave that an employee is typically entitled to is sick leave, which is time off work that is granted due to illness or injury. Sick leave is often provided on a paid or unpaid basis, depending on the employer and the employee’s contract.
- Parental leave: A third type of leave that an employee may be entitled to is parental leave, which is time off work that is granted to parents for the purpose of caring for a newborn or adopted child. Parental leave is often provided on a paid or unpaid basis, and it may be granted to either the mother or father of the child.
- Bereavement leave: A fourth type of leave that an employee may be entitled to is bereavement leave, which is time off work that is granted due to the death of a family member or close relative. Bereavement leave is often provided on a paid or unpaid basis, and it may be granted for a specific period of time or on an as-needed basis.
See lessState four limitations of Islamic law as a source of law. (4 marks)July 2020
Limited geographical application: One limitation of Islamic law as a source of law is that it is primarily applied in Muslim-majority countries or regions, and it is not widely recognized or applied in non-Muslim countries. This means that it has a limited geographical scope and may not be applicablRead more
- Limited geographical application: One limitation of Islamic law as a source of law is that it is primarily applied in Muslim-majority countries or regions, and it is not widely recognized or applied in non-Muslim countries. This means that it has a limited geographical scope and may not be applicable in certain jurisdictions.
- Limited recognition by non-Muslim authorities: Another limitation of Islamic law is that it is not always recognized by non-Muslim authorities, such as courts or governments, as a valid source of law. This can create conflicts or difficulties in cases where Islamic law is applicable but not recognized by non-Muslim authorities.
- Limited flexibility: A third limitation of Islamic law is that it is often seen as inflexible and unable to adapt to changing circumstances or modern needs. This can make it difficult to apply Islamic law in a way that is relevant and effective in contemporary contexts.
- Limited recognition of women’s rights: A fourth limitation of Islamic law is that it is often criticized for its limited recognition of women’s rights and gender equality. This can create inequalities or discrimination against women in areas such as inheritance, marriage, and divorce, and it can be a barrier to the full participation of women in society.
See lessoutline three reasons under which the principle of independence of the judiciary may not be achieved. (3 marks)July 2020
Political interference: One reason why the principle of independence of the judiciary may not be achieved is political interference. This can occur when politicians or government officials try to influence the decisions of judges or the administration of justice for political or personal gain. FinanRead more
- Political interference: One reason why the principle of independence of the judiciary may not be achieved is political interference. This can occur when politicians or government officials try to influence the decisions of judges or the administration of justice for political or personal gain.
- Financial dependence on the government: Another reason why the principle of independence of the judiciary may not be achieved is financial dependence on the government. If the judiciary is funded or controlled by the government, it may be subject to political pressure or influence.
- Lack of judicial independence: A third reason why the principle of independence of the judiciary may not be achieved is a lack of judicial independence. This can occur when judges are appointed or promoted based on their political or personal connections, rather than their qualifications or merit, or when judges are subject to pressure or intimidation from other branches of government or external parties.
- Inadequate judicial safeguards: A fourth reason why the principle of independence of the judiciary may not be achieved is the absence of adequate judicial safeguards, such as judicial review or the separation of powers. Without these safeguards, the judiciary may be vulnerable to interference or influence from other branches of government or external parties.
See lessstate three categories of persons who have capacity to make a will. (3 marks)July 2020
Adults: In most jurisdictions, adults who are of sound mind and over the age of majority, typically 18 or 21 years old, have the capacity to make a will. Soldiers: In some jurisdictions, soldiers who are of sound mind and serving in the military also have the capacity to make a will, even if they arRead more
- Adults: In most jurisdictions, adults who are of sound mind and over the age of majority, typically 18 or 21 years old, have the capacity to make a will.
- Soldiers: In some jurisdictions, soldiers who are of sound mind and serving in the military also have the capacity to make a will, even if they are under the age of majority.
- Mariners: In some jurisdictions, mariners who are of sound mind and serving at sea also have the capacity to make a will, even if they are under the age of majority.
- Persons with mental illness: In some jurisdictions, persons with mental illness may still have the capacity to make a will if they are able to understand the nature and effects of the will and the property being disposed of in the will.
- Persons with cognitive impairments: In some jurisdictions, persons with cognitive impairments, such as dementia or Alzheimer’s disease, may still have the capacity to make a will if they are able to understand the nature and effects of the will and the property being disposed of in the will at the time the will is made.
See lessIn relation to the law of property, explain two differences between ownership and possession. (2 marks)July 2020
Ownership involves legal rights: One difference between ownership and possession is that ownership involves legal rights, while possession does not. Ownership confers certain legal rights, such as the right to use, occupy, sell, or dispose of the property, and these rights are recognized and protectRead more
- Ownership involves legal rights: One difference between ownership and possession is that ownership involves legal rights, while possession does not. Ownership confers certain legal rights, such as the right to use, occupy, sell, or dispose of the property, and these rights are recognized and protected by the law. In contrast, possession does not necessarily involve any legal rights, and it is generally seen as a physical control or occupation of the property.
- Ownership involves an interest in the property: Another difference between ownership and possession is that ownership involves an interest in the property, while possession does not. Ownership is an interest in the property itself, which can be held by an individual or a group of individuals, and it is generally considered to be a more permanent and comprehensive right than possession. In contrast, possession is a temporary or transient right that may be held by an individual or group of individuals, and it generally does not involve any interest in the property itself.
See lessHighlight three conditions that must be fulfilled for agency of necessity to arise. (3 marks)July 2020
Necessity: The first condition that must be fulfilled for agency of necessity to arise is the existence of a necessity. This means that there must be a situation in which it is necessary for someone to act on behalf of another person in order to protect their interests or prevent harm to their propeRead more
- Necessity: The first condition that must be fulfilled for agency of necessity to arise is the existence of a necessity. This means that there must be a situation in which it is necessary for someone to act on behalf of another person in order to protect their interests or prevent harm to their property.
- Absence of the principal: The second condition that must be fulfilled for agency of necessity to arise is the absence of the principal. This means that the person who is authorized to act on behalf of the principal, known as the agent, must be unable to communicate with or locate the principal in order to obtain their instructions or consent.
- Reasonable steps taken to contact the principal: The third condition that must be fulfilled for agency of necessity to arise is the taking of reasonable steps to contact the principal. This means that the agent must take reasonable steps to try to communicate with or locate the principal in order to obtain their instructions or consent, but must be unable to do so due to the circumstances of the necessity
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