Oral tips from Mike

Mike oral Points

1. Do not Attack the question
2. Answering direct question
3. Tone variation
4. Introduce the question. Samples for starting your questions:
1. Thank you for your question
2. That’s an interesting question
3. That’s a pertinent question
4. I welcome that question
5. I appreciate that question
6. That is an engaging question
7. I am grateful for this question

5. Assign numerical to the issue

7. Okay, again - never Start your answer with that
8. : less distractions,(Avoid aaaam*)
9. Visualize answers - Definition, statutory provisions, question directly, conclude
10. In my opinion- answer with opinion
11. Pull your answers- to limit amount of answers
12. Deflect when you have passed one answer
13. Transition on your answers
14. If you get a vicious panel, don't let them get to you, smile and focus on your
presentation
15. Concluding your answers. Sample of concluding:
1. In conclusion
2. Finally
3. Thank you for the question
4. To end with/ to conclude with
5. In summary
16. Dont pass any question attempt anything around the area

Merger defined 41
(1) For the purposes of this Part, a merger occurs when one or more undertakings directly
or indirectly acquire or establish direct or indirect control over the whole or part of the
business of another undertaking. (2) A merger contemplated in subsection (1) may be
achieved in any manner, including—
(a) the purchase or lease of shares, acquisition of an interest, or purchase of assets of the
other undertaking in question; (b) the acquisition of a controlling interest in a section of the
business of an undertaking capable of itself being operated independently whether or not
the business in question is carried on by a company; (c) the acquisition of an undertaking
under receivership by another undertaking either situated inside or outside Kenya; (d)
acquiring by whatever means the controlling interest in a foreign undertaking that has got
a controlling interest in a subsidiary in Kenya; (e) in the case of a conglomerate
undertaking, acquiring the controlling interest of another undertaking or a section of the
undertaking being acquired capable of being operated independently; (f) vertical
integration; (g) exchange of shares between or among undertakings which result in
substantial change in ownership structure through whatever strategy or means adopted by
the concerned undertakings; or (h) amalgamation, takeover or any other combination with
the other undertaking.

Before Kimari and Mallowa

Kimari
142.Upselling-Marketing Rules for Advocates
143.Anton Piller and Mareva Injunction

Mallowa
144.Implied Conditions
145.Execution of wills
146.When you use summons, contents of summons, detained at mercy of president...
147. How does an advocate register an office space and flats...? And why?
148.Functions of JSC
149.Advocate client confidentiality rationale
150.ADR
151.Identification parade

I was before Anastasia and Wakimani.

152.What happens when a company gives the shareholders additional shares at a subsidy.
153.Ways of raising capital for a company.
154.Ways of raising a capital by debt.
155.Procedure of application for an objection.
156.What is an objection
157.Documents while filing for a temporary grant.
158 What are the considerations when issue summons for a witness.

Before Kungu and Mwaniki

159.Ways of responding to an application
160. Difference between dissenting opinion and concurring opinion
161.Difference between issue and holding
162.Types of partnerships and their differences
163. Set off and counterclaim
Mutoka and Laibuta
164.With regard to Constitutional law, recently the Supreme Court declared that the death
sentence is wrong but the constitution provides for it. What is the relation between the two?

Laibuta
165.When drafting a document, what do you look at?
166.Advocate uses client’s money to buy a Mercedes. How do you advise them?
167.On Jurisdiction of the court, what do courts use to determine that they have
jurisdiction?

Panel 2, Kung'u and Mwaniki...

168.They asked about default judgment, formal proof.
169.Demand letter, without prejudice correspondence 170.types of jurisdiction.
Before oriri and Mrs Kimari.

171.Here is a will...a testator brought it in court..what is the process to bring it to the court.
172. What are the documents?
173.Is professional indemnity cover mandatory?What is the minimum subscription such
cover?

Mwaniki and Mutoka

174. What is a threat to national security and why is it a compelling reason for bail to be
denied
175. Is corruption a threat to national security
176. What rights were the LGBTQ community advocating for which ones were infringed
177. What makes a charge sheet defective
178. Supposing one took a loan and title was used as security. That person has finished
paying the loan. What do you do as the advocate
179. Documents to be lodged for testate succession.

180.How to secure an artists rights. Basically copyright and how to sue for infringement of
copyright.

181.Then also how to register a caution.

182.Then how to institute bankruptcy if I'm not wrong

Orals is another crazy exercise

Dr Omondi
183.What are juscogens? name the rights that have attained the level of juscogen in Kenya
184.The article that those rights are found inthe constitution

185.What are the principles of customary international law.

186How many schedule does the constitution have

Nyarango
187.How many parts does a land register have, name them

188. Difference, Between judicial review, review and appeals

189.What are garnishee proceedings
190.What in the general interpretation Act and what does it contain
191.What are some of the laws governing Conveyancing
192.What those laws repealed
Before Simuyu and Kimari
193. I hv served a defendant with a summons to enter appearance,, what is he supposed to
do and after how long
194.i am a decree holder, in what ways can i execute such a decree
195.what is prosecution file/ its contents
*Kimari*
196.What are the qualifications for one to be an advocate
197. I dont hv money for a practicing certificate, so i got a client who i drafted documents
and paid me good money.I then paid for the cert in November. Is there a problem?
Explain in details

198. What is the distinctive feature of a company? Distinguish Company from llps

Oriri
199.Examples of ethical standards governing the legal fraternity in Kenya
200.The relationships governed by legal ethics
201. Fair trial v fair hearing

Dr. Owino
202. What are jus cogens and give examples
203. Dualism v monism and where Kenya stands
204. Considerations taken by a court in granting an injunction

205.Tell us about Lilian S v Caltex

Mong'are and Nyarango
Distinguish between stamp duty and tax something😅
206.Who is charged with getting the stamp duty.
207.Who drafts the sale agreement. Who drafts the transfer documents.
208. Obligations of the purchaser's and seller's advocates.
209. Demonstrate how a professional undertaking works where there's a vendor purchaser
and financier.

210.Interlocutory proceedings
211.Reconcile the freedom of expression and the restrictions of the advocates dress code.

Mr Oriri and Dr. Omondi

212.Who is a lawyer .Who is an advocate
213.What is mandatory injunction
214.What is jus cogens?
Do you understand what Dualism and monism is?

*Mr. Oriri*
215What is Judicial Recusal
216.What is Judicial Review
217. What are the three writs in judicial review
218.Systems of courts in Kenya
219. What is a prima facie case in criminal law
220 If an accused is found to have a case to answer after the prosecution case, can he be
convicted at that point?
221.Conflict of interest

*Dr. Omondi*
222.Jurisdiction of the High Court
223. Conflict between general and specific law, which one prevails (High Court and
specialized courts in mind)
224.Delegata potestas non potest delegari principle
225.Two main principles of natural justice
226. What does Article 49 provide for
227. What are non derogable rights and their equivalent in international law

Panel 1 Chrispine and Munyithia

228.What would you do as the advocate for a client putting up sectional property

Anastacia & WaKimani

229. What did we learn in the last Commercial Class?
230.2 major areas of IP in Kenya.
231.Agency by Ratification.
232.Process of registering an LLP
233.Difference between LLP & General Partnership

234.What have you covered in Civil

235.4 functions of a personal representative
236.What happens if a Personal Represntative does not declare certain property
237.Scenario on people wanting to use property of deceased
238.Name of the offence if they go ahead & do so

What is a holding charge.

Definitions of holding charge

an accusation of a minor criminal offence brought against someone so that they can be held
by police while more serious charges are prepared or investigated. "Police have laid a
holding charge against a 29-year-old foreign man in connection with a double murder.

Difference between verifying, replying and supporting affidavit

2. What are representative suits
3. What is the tarquand rule
4. What are the various ways of attacking a plaint
5. What is the nemo dat principle
6. How do you become a .member of a company
7. Remedies in a contract
8. How do you serve a foreigner
9. Difference btwn special damages and general damages
10. Difference btwn a set off and counter claim
11. What is a garnishee proceeding
12. what are shares?
13. Types of shares?
14. Someone has been arrested in Mandera he appeared before you and he wants to be
released. What does that person want actually?
15. What factors would you consider before granting what he wants?
16. An old man has died in Mandera he has left behind two wives and 8 children how will
that property devolve.
17. Am a tenant. I have paid ksh 5000 rent.The landlord comes and breaks the door.Where
do I go and for what remedies?
18. What is ombudsman?
19. What are Mareva Injunctions?
20. What is eminent domain?
21. Recourse when your land has been compulsorily acquired
22. Who does valuation of the land in compulsory acquisition .
23. Can you arrest a president for overspeeding & hitting a pedestrian?
24. Can you arrest a president for committing a crime under international law
25. What is a profession
26. What is the test appplied in granting injunctions
27. What is conflict of interest?
28. Two instances of conflict of interest
29. What are interpleader proceedings?
30. Various ways a company can raise capital.
31. Difference between bond and debenture
32. Fixed charge and floating charges,what are they &which takes precedence
33. hire purchase agreement under what instances will they not be registered.
34. what is a default judgement and how do you make a temporary judgement final.
35. Difference between statutory declaration and affidavits
36. Your client has called you and is at Langata police station. You go there. Then proceed.
37. Penalties given by the Disciplinary committee.
38. A mother and daughter live next to kibera. The daughter is affected by the pollution
and gets ill. The mother comes to you. Advise.
39. A child is amputated. The father has passed on. They have just applied for grant of
letters of administration but need money for the child to get an artificial leg. There is a land
they want to sell for purposes of getting the artificial leg and to pay school fees with the
remainder. How will you advise them?
40. They tell you that the process of applying for limited grant is expensive and will take
time. They go to another lawyer who comes up with a sale agreement for them. What do
you have to say about that?
41. There is a land with wheat. They want to harvest the wheat and sell it so as to pay
school fees for the child. Advise.
42. Define franchise
43. Liability in franchise
44. Define and differentiate bankruptcy and insolvency
45. When can an agent be held liable even after having the necessary authority from a
principal?
46. how do you Incorporate a company
47. How to register a company online.
48. Define retiner
49. Two types of retainers.
50. what is adverse possession
51. What is an injunction?
52. When can one apply for an injunction?
53. What is a prima facie case?
54. How does the defense reply to a plaint?
55. Types of front office layouts?
56. How does one take a plea in criminal proceedings?
57. What is sub judice
58. During the election petition everyone was a legal consoltant. Would that amount to sub
judice?
59. Auterfois convict and auterfois acquittal?
60. The doctrine of res judicator does it apply in criminal law? If yes to what extent?
61. If you are a conveyance advocate and your client agree to divide for you a piece of land
after litigation as payment will that be right?
62. What is contingency fee?
63. Alikiba approaches you and tells you there is a guy in riverroad who has made
thousands of cds of his music and is about to transport them to UG. What do you do?
64. Your aunt seeks your advise during your graduation day abt a certain pending case.
You tell her she has no case. Aftet six months another advocate tells her she actually had a
case but time has lapsed. She sues you for negligence. What is your defence?
65. A child is offered lift by a driver of Nakumatt holdings ltd. They get into an accident
and she is injured seriously. Medical bill comes to abt 7m. What do you do? How do you
approach the court and the jurisdiction.
66. What are prohibitory injuctions(give an application scenario and state how you
approach the court and the same for mandatory injunction
67. Who are promoters and their responsibility
68. Are they required to be remunerated?
69. What happens if a promoters offers their premises to the company as a place of
business?
70. A client comes to you at 8 am his property is being auctioned at 3pm how do you help
them
71. What does time is of the essence mean?
72. If 'time is of essence' hasn't been stipulated in the conveyance agreement, what is the
procedure for claiming debt due if acting for purchaser?
73. Effects of non registration in a conveyance.
74. If you are acting for the vendor and 20% of the purchase price has been paid, what is
the best way to act if timelines in law for payment of the remaining amount has lapsed.
75. What are the major differences between sale by auction and an ordinary sale?
76. If a company becomes insolvent and they are unable to complete payment for a piece of
property. Recourse for vendor.
77. Ways in which a de-registered public company from NSE can changed to a private Co.
78. Matilda asked about JR. The documents to file at leave stage, what each document says
and what happens in the substantive stage.
79. Also what orders does one seek in getting a JR.
80. is there a difference between the JR in the CoK and the one under Order 53.
81. what is a statement of claim, it’s format, what to annex, its difference with a plaint.
82. Also whether we put evidence in pleadings.
83. what questions do we ask in cross exam and what is impeachment of a witness
84. difference between a leading question and an open ended question
85. What do you look at during case analysis?
86. How do you deal with bad facts during case analysis
87. What is Confidentiality?
88. Types of limited grants
89. Difference between ad colligenda bona and ad colligenda defuncti
90. Are there grants that are limited by their nature?
91. Conditions and warranties in sale of goods
92. Which part did you do in your lpm project? Explain
93. what law provides for a sexual harassment policy within an organization
94. factors to consider in setting up an office.
95. What decision the Court makes at the close of the prosecution case.
96. Reasons why members may want voluntary liquidation of a company.
97. What application you make if the members of a company tell you that they want to
protect themselves from creditors...
98. Provisions of Article 50.
99. Meaning of Police powers in conveyancing.
100. You are walking in KSL and you fall down due to bad tiles - what case do you have
against KSL ?
101. What happens when you pay yourself out of the proceeds of a case- is this allowed?
102. What kind of measures will be taken against an advocate that commits this kind of
offence of misappropriating client funds?
103. you have a client who wants to build a mall in limuru on agricultural land . What are
the preliminary considerations that come to your mind to advise such a client?
104. Do you participate in class, explain the questions you’ve ever answered in class.
105. my friend and I want to open a law firm, what would go in the business plan?
106. Ways of terminating a criminal proceedings?
107. Instances when an accused can be denied bail?
108. Is right to bail absolute?
109. difference between JR and Review
110. If one can appeal after applying for Review
111. if yes, what will be the grounds of appeal? Is it on the review or the judgement?
112. Types of pleadings
113. What is a ruling?
114. What is a judgement?
115. What is a holding?
116. Where do you file cases above 20,000,000?
117. What is a case brief?
118. what is the main reason you draw a demand letter
119. difference between a thesis paragraph and thesis statement
120. Tell us about admission of an advocate
121. qualifications to admitted as an advocate
122. Tell us what you know about judicial recusal
123. Can judicial recusal be used as a tool by advocates to waste the court's tim-e?
124. Who is a senior counsel?
125. What is the meaning or effect of serving summons to enter appearance,
126. how to enter appearance,
127. does the plaint accompany summons while serving the summons, documents
accompanying the plant
128. How to serve a convict in prison
129. Who serves? His qualification
130. Nature of rlshp btn advocate and client
131. Meaning of fiduciary
132. Nature of relationship between directors and company, explain.
133. explain res judicata and sub judice
134. Duty of confidentiality by advocates to client, what is it's basis
135. Apart from legalese what other forms of legal writing are discouraged.
136. What are some of the measures that have been taken to reduce the backlog of cases in
courts.
137. What are the instances where a plea can be deferred.
138. How long does an interlocutory injunction last once the order has been granted.
139. What is the jurisdiction of the Supreme Court
140. What do you understand by independence of the judiciary
141. She gave me a land scenario, about aggrieved residents of Kitui who suffered from
Coal mining. Then asked me what documents I would file and in which court
142. what are the principles of management
143. What is spousal rape and where is it provided for by law ?
144. Asked me about the repugnancy clause in the Constitution Of Kenya.
145. Who is the woman under s.3(5)?
146. Who are persons under s.29? Give examples of each...
147. what is defamation?
148. what was your lpm project? discuss
149. instances where freedom of the expression can be limited.
150. if a false statement is published is that also freedom of expression?
151. Difference between a lawyer and an advocate?
152. What is the essence of ATP training.
153. What is an lien.
154. Remuneration of an advocate where the client paid half the fee, you lose the case,client
refuses to pay the balance.( the right of the advocate)
155. Types of affidavits.
156. Explain how to draft a formal letter.
157. Explain the difference btwn Active and Passive voice.
158. Do an examination in chief of a rape victim.
159. Elements of rape.
160. Identification and Recognition.
161. What document do you need to prove peneration in rape.
162. Invitation to treat in contract
163. What is conveyancing
164. Key features in cross examination
165. Key features in examination in chief
166. Who is a dependant
167. Is an adopted a dependant
168. What is jurisdiction?
169. Types of jurisdiction?
170. What happends if a court has no jurisdiction?
171. What is a fact?
172. What pleadings are filed after a person has filed a defence?
173. What would you do after you are admitted in order to restore the public confidence in
the judiciary and its officers?
174. Difference between a sale agreement and actual sale of goods
175. Duties of directors
176. Assuming mrs ruto n mbogo were to get in an agreement what would i expect to see in
the agreement.
177. what is your knowledge on goodwill
178. which area are you interested in? If it is grants then
179. Assuming a widow comes want to get some money from the husbands bank account
what would you advice her
180. Also the widow wants to take over a suit that her husband was pursuing before his
death.
181. Mrs ruto also asked me to go and close the door just to ascertain my dress code.
182. If you were to be anything else apart from a lawyer what else would you be ?
183. Chinese government has been constructing roads in Kenya, recently one of the
companies constructing some of the feeder roads did a shoddy work, government of Kenya
sues the Chinese company that didn't construct that road. How do you go about defending
the Chinese company ?
184. where have you reached in criminal litigation? Me pleas. Tell me the contents of a plea
bargain agreement.
185. When can an arrest be made without a warrant?
186. what order do advocates use to charge clients?
187. who regulates it?
188. what document does the cj use to regulate Rem Order? 7. why was Rem Order
enacted?
189. if an advocate is tried and found guilty by a tribunal, then the dpp later on directs for
criminal proceeding against the advocate, proceed and state possible defences.
190. in the era of around 1993 what was happening in the USA?
191. your client is a aged blind woman who wants to sell land comes with a granddaughter
who is blind as a representative which specific document will you draft?
192. When does one use an OS.
193. What is a petition.
194. Types of petitions
195. Which position deals with managerial functions in an office
196. Functions of a managing partner
197. Give Opening Statement in rape case
198. What is rape
199. What do u call both male and female judges of the High court rank

2019 0RAL QUESTIONS COMPILATION

1. Suits by Minors, how do you approach the court
2.What is a charge in Conveyancing?
3. Difference between profits and easements
3. Who are dependants in the law of succession?
4. Does the fact that a husband has to prove maintenance amount to discrimination?
5. Types of pleas
6. What does the DCJ refusing to take plea amount to?
7. Now that the DCJ filed a petition in the constitutional court, what power does the
magistrates court have?
8. What is the effect of illegally obtained evidence in that case?
9.Also, jurisdiction of the Supreme Court in Criminal matters
10.Whether the threats on the Deputy President’s life amount to treason
11. Why did you take law?
12. Any senior legal personality that you admire?
13. Why do you admire them? (Qualities of a good lawyer)
14. Do you follow cases in public domain?
15. Obado case (3 bad facts for the prosecution)
16. Difference between duty of confidentiality vs privilege in communication
17. Types of Partnerships in Kenya
18. Difference between Limited partnership and LLP
20. Nemo dat Rule and its exceptions
21.Whether a foreigner can own land
22. Conditions in granting bail
23. Without prejudice
24. Case theme
25. Anticipatory bail
26. Adverse possession
27. How can a person who is dead control his property from the grave
28. Except for identification parade, how else can an accused person be identified,
29. The 4ps in a meeting
30. Principles of injunctions
31. The relationship between conveyancing and the Advocates act
32. Interpleader proceedings
33. Judgment in default v summary judgment.
34. Injunctions.
35. Mcnaughten rule
36. Prima facie case in civil n criminal.
37. Burden of proof in criminal and civil.
38. Constitution on poverty, hunger, medication.
39. Actors in a criminal justice system.
40. How ICT has enhanced Advocates work in the firm
41. Stamp duty payable for a plot value 10000000 in Nrb
42.Case scenario on probate (grant obtained fraudulently )
43. Sale of land from an illegal transaction
44.Accused not in court for hearing proceedings what application do you make
45. How do you register a society that is not a corporate society
46.. Which are the ways for pretrial disposal of suits
47. What are the principles of Mwongozo Protocol
48. 6 instances provided for law for using ADR
49. Economic theory of law
50. Difference between procedural and substantive law
51.Overriding objectives
52.Special limited grant
53.She gave a scenario that she has died from an accident and now her people are going to
court, how do they apply ( ile ad litem)
54.Suits of a minor
55.Provisons of fundamental rights, where they are provided for
56.Taking evidence from a child witness
57.Advantages of llps
58.Justice mabea talk on how to structure good arguments
59.Last class of civil procedure what was taught
60. Who teaches you trial advocacy ? Has hw taught you Case Brief? Tell us a case brief of
the Ethiopian Plane Crash.
61. Give us five social economic rights.
62. They are under which Article of the Constitution?
63. Mareva Injunction
64. Have we ever interacted in any class? Yes class F LPM. Good.
65. Which is your best unit? Criminal. What was your last topic? Trial Process.
66. Explain to us the Trial Process.
67. Hierachy of courts in Kenya.
68. I believe Mr Oriri teaches you professional Ethics. What did he teach last!
69. Contents of a letter
70. Opening statement Desmond Peters case
71. Communications skills for lawyers. What about it?
72. How to register a company via e- citizen
73. Contents of a l.l.p deed
74. Why i chose law
75. Any landmark family decision i know
76. Develop theme for SM Otieno case
77. 50 clients have been living in a land belong to KSL for 20 years. The new director wants
to evict them. Do they have a course of action? Yes/No
78. What is dematerialization of shares
79.What is dollarization of currency
80. Does the DPP have absolute power?
81. Materialization of shares
82. Considerations when drafting a Charge Sheet and test in Samuel Githunguri V R
83. Calls in Company Law
84. Difference between procedural and substantive law
85. Overriding objectives
86. Special limited grants
87. She gave a scenario that she has died from an accident and now her people are going to
court, how do they apply (ile ad litem)
88. Provisions of fundamental rights, where they are provided for
89.who is your role model
90. What do judges do when a person accused of murder is brought before them??
91.what qualities do those people possess to make you admire them
92. How do they behave when they are in court?? and when interacting with people
93. Some people have been living in KSL property for 30 years and the Director wants to
evict them... any cause of action that can be instituted by those people
94. a scenario on affidavit of service
95. Contents of affidavit of service
96. Laws governing affidavit of service
97. Scenario on advocate-client privilege
98. Persons in s. 29 of LSA
99. Distinguishing element in s. 29
100. If a step-child can class from the estate of the deceased
101. What is a privileged will
102. Name the completion documents in a Conveyancing transaction
103. In a case where a child has had an accident in a school bus how and who will you sue?
104. Assuming the school says that the fault of the accident was a stray matatu how will
you proceed?

I was before Mwaniki and Keli

1. What is a document
2. What options are available for an accused who has been found to have a case to answer?
3. Difference between murder and manslaughter?
4. Employee’s rights
5. Number of leave days
6. Scenarios for a murder case opening statement.

I was in Panel 4, Omosa and Akhwale.

Omosa
7. Name 5 Agencies in Kenya that deal with crime and security.
8.Imagine you are state counsel in homicide case, and have gone to Hardy Police station
where incident was recorded in OB, give step by step process of how the matter will get to
trial and details of prosecution file.

Akhwale
9.The coal mining pollution scenario - residents come to you wanting action against NEMA
and mining company, how do you proceed.

Panel 3 Simiyu and Ruto

*MR. SIMIYU*
10.I am Mr. Kilonzo, Faith Mueni's case, Exam in Chief and Cross Exam.

11.What is intermeddling
12.What is citation

Before Omosa and Kimari

Omosa
13. Case scenario of immigrants who have illegally migrated into the country and are
arrested. You are asked for advice as a state counsel
Kimari
14What necessitated the making of the advocate marketing rules
15.Two Accounts that should be kept be advocate
16.What are rules on interest earned by the clients accounts in the Bank

*Kiguatha*
17 Explain sectional property Act.
18. Types of ownership under Sectional property.
19 Spousal consent and it's implication on sale.

*Kimwele*
20. Is right to bail absolute?
21. Instances where bail may be denied.
22. Characteristics of the legal profession.
23. Which office regulates remuneration of advocates.

Herbert
24.Instances to use summary judgment
25.Instances not to use summary judgment
26.Why defamation suit cannot be done by summary judgment
Wakimani
27.Doctrine of recent possession in criminal
28.Defending a foreigner who has committed murder and there are no services of an
interpreter in the court

panel 2 questions were :

29. What is a legal opinion and what does it contain
30.Okiya Omtata approaches you regarding the decision by Mps to increase their salary,
advice
31 A KU student falls off a KU bus after hanging on the door while it was moving, state
what the statement of defence would contain (he asked that I state word for word how the
defence would look like)

Panel 1
*Christine Kungu*
32. Difference between Statutory Declaration and Affidavit.
33. Laws governing Statutory Declarations.
34 Active and Passive Voice (Explain instances for use of each and illustrate with
examples).

*Dr. Omosa*

35. Contents of a court file.

36.Decision to charge.
37. Refugees under National and International Law.
38.. Suggest amendments to the Judicature Act.
39. What changes did the new Companies Act come with?

Panel 2 Mwaniki and Rose Mutoka.

40.what happens when one day on your way to court to represent the plaintiff, an accident
happens and you fail to reach court in time, only to reach there and find your clients case
has been dismissed.
41 What do you do as the advocate for a client when he pleads not guilty.

42. What is happens when both the plaintiff and the defendant do not appear in court.
43.As a defence counsel what is it that you do immediately before ruling once the
prosecution have closed their case.
44.Finally, what do you apprehend by anticipatory bail in relation to Kiambu case where a
magistrate is accused of judicial misconduct.

Omosa n Kungu questions:

45. What is the basis of plain English
46 Explain the plain English revolutionary movement
47.Name three importance of assisted investigation field notes

48.What are the three precautions police officers must exercise when effecting an arrest
49.Different ways of identifying an accused other than the identification parade ...
50.Name 3 clauses in an employment contract

*Laibuta & Dr. Owino*

51. What is Double jeopardy
52. Ingredients of an Injunction.
53. Application of common law & Equity in Kenyan courts,with examples and give
examples of maxims of Equity.
54 Application question in relation to Compulsory Acquisition.
55.A client who is an Old Mzee approaches you and tells you that they want to inherit his
boys and leave out girls. How Would you advice him?.

panel 2
Kimwele
56.what is inherent jurisdiction?
57Five international statutes on discrimination
58 Factors to consider when choosing an office layout
Mong'are
59. Difference btn adversarial and inquisitorial systems
60. Instances where Kenya has borrowed from the inquisitorial system
61. ways of approaching the court
62 Way of approaching the court when seeking an extension of time limitations
63. Which order provides for notice of motion

What are transitions?

Words or phrases that state the relationship between ideas in writing. Link two or more
clauses to make the idea whole. Without transitions the reader will be
Generic- most commonly used in all kinds of writing. Contrast comparison cause and effect
addition emphasis evaluation, sequence and conclusion
Factors to consider- what is obvious to you is not obvious to everyone
- Don't use too many unnecessary ones
- Pick transition that best describes the idea
Orienting- provide a context for the information that follows transition allows reader to be
located physically. Most common are those of dates location identification of statute or case
and the source of statement
Substantive- can be compared to interlocking links of a chain ad add substance or content
and aid transitioning from one point to the next. Purpose is to make connection and
provide content. To achieve this you apply dovetailing (provides the connection between
old and new information.

1. Suits by Minors, how do you approach the court

Order 29 rule 11 of the Civil Procedure Rules provides that every suit by a minor shall be
instituted in his name by a person who in such a suit shall be called the next friend of the
minor and goes on to say that where a suit is filed by an advocate he shall at the time of
filing the plaint file an authority of the next friend of the minor.
Next friend or guardian ad litem
2.What is a charge in Conveyancing?
A charge is an interest in land that guarantees the payment of money by the chargor to the
chargee.
It is an overriding interest under sec 28 of the Land registration Act
3. Difference between profits and easements
They are both types of servitudes(which are factions that gives certain rights to land to that
doesn't belong to someone) An easement is like gentleman's agreement which is not
registered but gives rights to passage access to water etc
Profit a prendre operates like a license that allows one to go into another person's land and
come out with something that benefits them eg hunting permit, harvest permit. It should be
capable of ownership and product of nature
3. Who are dependants in the law of succession?
Sec 29 of the LOSA wives and former wives and their children, parents grandparents
siblings and step siblings step children and children taken in by deceased as their own and
finally if the deceased was a woman their spouse if he was being maintained
4. Does the fact that a husband have to prove maintenance amount to discrimination?
Yes it does.
Art 27 of the CoK every person is equal before the law
Art 45 of teh Cok on families provides that married people are equal before during and
after the subsistence of the marriage
5. Types of pleas
A plea is an unequivocal formal statement of an accused person made in court as a
response to a charge.
Guilty
Not Guilty
Double Jeopardy(autrefois acquit & autrefois convict)
Plea of pardon
Plea of immunity
Demure- deferred
6. What does the DCJ refusing to take plea amount to?
Mute by malice
Deferred plea
7. Now that the DCJ filed a petition in the constitutional court, what power does the
magistrates court have?
8. What is the effect of illegally obtained evidence in that case?
Art 50 of the COK provides that illegally obtained evidence is averse to the right to fair
hearing should be excluded if its against bill of rights, will render the trial unfair and is
detrimental to the administration of justice
Evidence Act

9.Also, jurisdiction of the Supreme Court in Criminal matters

Jurisdiction is the power of the court to hear and determine a matter
Art 163
Exclusive original jurisdiction to hear presidential election petition
Jurisdiction to hear matters on appeal which deal with rights and interpretation of COK as
well as those certified as matters of general public importance
Advisory opinions on request of state organ, national govt and county on any matters
concerning county government
Karisa Chengo case
10.Whether the threats on the Deputy President’s life amount to treason
Sec 40 of the Penal code provides that a person is guilty of treason if they imagine or intend
the death of the president, removal from office by unlawful means or overthrowing of
government and expressly utters or publishes or acts coupons such imaginations
Levies war against kenya, instigates someone to attack kenya using military force and
finally one who aids the enemies of republic

11. Why did you take law?

Women and Children issues
Defilement of children
12. Any senior legal personality that you admire?
13. Why do you admire them? (Qualities of a good lawyer)
Tenacious
Well researched
Judgement and wisdom
Honesty
Etiquette
Professionalism
14. Do you follow cases in the public domain?
BBI
Executive- expanded president, DP, PM and two deputies, CS will be from parliament
Parliament- elected MPs increased by 38+47 to 454. 70 members of the NA will be picked
from political parties based on performance
Judiciary- Office of judiciary ombudsman nominated by head of state to receive complaints
against judges. They've proposed to increase the years of experience of the Supreme Court
to 20 years and Court for Appeal to 15 years. Tenure of the CJ ends with that of DCJ. The
JSC shall have the judiciary ombudsman as a member and they will have power to suspend
judges
Gender- 30% of political parties seats reserved for women and youth. Each county to elect
a man and a woman to the senate. Position of leader of opposition in parliament who is the
person who was the runners up in the General Elections.
Youth- 7 year tax holiday for young entrepreneurs to allow business to take off. Business
incubation centres in each ward to be set up
Legislature- water down the powers of the senate and preclude them from discussing all
matters on the members of senate from a certain political party shall constitute a
delegation.
Public finance- where revenue sharing is based on approval of most recent accounts and
parliament has not
Criteria for determining shares- need to eradicate corruption and, social economic rights
achievement, revenue will be per person
Increase county revenue allocation- from 15 to 30%
Ward Development Fund-
Youth Commission-
National police Service- National Police Council, IG
Independent Police Oversight Commission-
15. Obado case (3 bad facts for the prosecution)
Alibi
Relationship with Sharon was known
He had accepted the responsibility for the pregnancy
16. Difference between duty of confidentiality vs privilege in communication
Confidentiality is regards to duty of an advocate not to reveal matters concerning their
client while privilege is attached to the information and to the client and is the right if a
client not to have certain information about them disclosed to 3rd parties
17. Types of Partnerships in Kenya
LLP, General, LP
18. Difference between Limited partnership and LLP
20. Nemo dat Rule and its exceptions
Nemo dat quod non habet- cannot pass that which you do not have
Provided for under sec 23 7yof the Sale of good act
Exceptions are;
Estoppel by conduct or negligence
Sale in a market overt
Sale by special powers of sale(by court order or a statutory power of sale)
Sale under voidable title provided the buyer acts in good faith
Resale by seller in possession
Sale by buyer in possession
Sale after delivery of writs of execution
21.Whether a foreigner can own land
Art 65 of the COK an a leasehold interest that does not exceed 99 years
Sec 9 and 6 of the land Control Act provides that foreigners cannot own an interest in
agricultural land or controlled land
However in practice there's a loophole in that the Act does not deal with an issue of
ownership of shares by foreigners in public companies owning agricultural land and
therefore they form public companies which buy
22. Conditions in granting bail
A right under the constitution guaranteeing an accused release from remand during trial
as long as they appear in court when required
Accused previous record
Relationship between the accused and the potential witnesses
Where accused is gainfully employed
Period accused has spent in custody
Probable period of detention upto completion of trial
Character of accused person
Public order peace and security
Flight risk
The accused protection
Victims protection
Tampering with evidence
Seriousness of offence and the severity of the sentence
The strength of the prosecution case
23. Without prejudice
Provided for under sec 23 of the Evidence Act Admissions made without prejudice in civil
cases cannot be proved they're made either upon an express condition that evidence of such
admissions is not to be given or in circumstances from which the court can infer that the
parties agreed together that evidence of it should not be given.
Exceptions are
a) If the issue is whether negotiations resulted in an agreement or not
b) Waiver by parties
c) Need to prove fraud or perjury
d) To explain delay in proceedings
e) If its evidence proving violation of Bill of Rights
Insider trading is the trading of a public company's stock or other securities (such as bonds
or stock options) based on material, nonpublic information about the company.
24. Case theme
A word or phrase that captures the dominant emotion or reality of the theory of a case. eg
in the case of Faith Mueni the case theory could be your honour this is a case of a good man
turned wolf n
25. Anticipatory bail
This is a type of bail paid by a person who has reasonable belief that their freedom of
liberty is about to be breached. It guarantees them freedom from arrest as long as they
cooperate with authorities

Only granted by the High Court

Must prove that their right to liberty is about to be breached and that the apprehension is a
real one.
Cert of urgency, Notice of motion and supporting affidavit
26. Adverse possession
Section 17 of the Limitations of Actions Act which provides that once the period of 12 years
of adverse possession has expired without an action to recover the land, the title of the
registered owner of the land stands extinguished by the operation of the law.
Continuous uninterrupted and open occupation of land for a period of 12 years
Not public land
Section 7 of the Act which states that an action may not be brought by any person to
recover land after the end of 12 years from the date on which the right to own the land was
granted.
27. How can a person who is dead control his property from the grave
Through a valid will capable of enforcement
28. Except for identification parade, how else can an accused person be identified,
Recognition, Dock identification, DNA etc
29. The 4ps in a meeting
Person- who is running meeting and who needs to be involved
Purpose- reasons for working on each issue
Process- what team work process will be used
Product- what do we hope to achieve
30. Principles of injunctions
An injunction is an order of the court requiring someone to do or refrain from doing
something until the determination of a matter
Giella v Cassman Brown and Mrao v First American Bank
Prima facie case with high probability of success
Irreparable harm will be suffered if the injunction isn’t granted that damages would not
suffice to remedy
If in doubt decide on a balance of convenience

31. The relationship between conveyancing and the Advocates act

Anaj warehousing v NBK

Sec 46Undercutting, touting
32. Interpleader proceedings
Order 34 of the Civil procedure Rules
Property that is adversely claimed by 2 or more parties
Collusion
The property is in your possession
Ready and willing to deliver the property to the rightful owner

33. Judgment in default v summary judgment.

Summary judgement is where a party enters appearance but they do not disclose a good
defence or refuse to appear during trial
34. Injunctions.
35. Mcnaughten rule
Test for insanity
Defendant is not guilty by reason of insanity if, at the time of the alleged criminal act, the
defendant was so deranged as a result of disease of the mind that she did not know the
nature or quality of her actions or, if she knew the nature and quality of her actions, she
was so deranged that she did not know that it was illegal
36. Prima facie case in civil n criminal.
In criminal it is prove that the defendant has a case to answer where theyre put on their
defence
The test what amounts to a prima facie case was established in the case of RAMANLAL
TRAMBAKLAL BHATT -VS- REPUBLIC (1957) E.A. 332 as follows:-

"(i) The onus is on the prosecution to prove its case beyond reasonable doubt and a prima
facie case is not made out if at the close of the prosecution, the case is merely one which on full
consideration might possibly be thought sufficient to sustain a conviction.

(ii) The question whether there is a case to answer cannot depend only on whether there is
'some' evidence irrespective of its credibility or weight sufficient to put the accused on his
defence. A mere scintilla of evidence can never be enough; nor can any amount of worthless
discredited evidence."
37. Burden of proof in criminal and civil.
Prosecutor with exception where an accused raised a defence in law and where they are
claiming insanity
Civil cases burden is on the plaintiff/claimant
38. Constitution on poverty, hunger, medication.
Art 43 of the COK on social economic rights which includes the right to health, housing,
freedom from hunger, clean and safe water, social security and education.
Mitubell Welfare Society v KAA- progressive realisation
39. Actors in a criminal justice system.
Prosecutors
Judges and Magistrates
Probation officers
Children officers
Police officers
40. How ICT has enhanced Advocates work in the firm
Ease of issuing summons--WhatsApp, emails, sms
Correspondence-ibid
Case management
Research
Tickler systems
Billing systems
41. Stamp duty payable for a plot value 10000000 in Nrb
Transfer 4% of value of land
Lease1% and 2%
Charge 0.1%
Discharge/reconveyance of charge 0.05%
42.Case scenario on probate (grant obtained fraudulently)
Sec 76 of LOSA states that grants obtained fraudulently will be revoked or annulled by
court especially if material information was concealed or false statements were made by the
parties seeking the grant.
43. Sale of land from an illegal transaction.
PROCAMLA
Sec 46 of Advocates Act states that the sale of land from an illegal transactions is not valid
and any interest transferred out of that transaction will be unrecognised by court and by
law because they are invalid too
44.Accused not in court for hearing proceedings what application do you make
Habeas corpus Art 25 of the Cok through a constitutional petition under Art 51 of the CoK
Deprivation of Liberty Act - (section 7) - the right to a fair hearing and a fair trial as per
article 50 of the constitution
45. How do you register a society that is not a corporate society
A society seeking registration services is required to apply to the Registrar of Societies for
registration or exemption in the manner prescribed by the Act Cap 108 within twenty-eight
days after the formation of the society.
When the Registrar receives an application in the prescribed manner for registration of a
society, the Registrar shall be subject to the provisions of the Act Cap 108, register the
society by entering in the register of societies and issuing a certificate of registration in the
prescribed form.
46.. Which are the ways for pre-trial disposal of suits
● Out of court Settlement
● ADR - Negotiation, Mediation and Arbitration
● Summary judgement - when defendant is present but gives a weak case
● Judgement in default - when defendant doesn’t appear in court and is awarded to
the plaintiff
● Judgment on admission - once a party unequivocally admits, then judgement is
entered
47. What are the principles of Mwongozo Protocol
● Accountability
● Transparency
● Governance
● Professionalism
 ● Customer focus
● Innovativeness
48. 6 instances provided for law for using ADR
Employment issues on striking in the labour relations act on CBA
Inter Governmental Relations Act on disputes between county and National govt
49. Economic theory of law
Often associated with Karl Marx and states that the law is a mere tool of exploitation of the
proletariat by the bourgeoisie. The function of law is that it’s supposed to be efficient and
should protect the rights of the poor from being exploited by the rich
In addition to this, economic theory of law came about to distinguish law from other
normative systems such as morality and religion
It was propounded by Karl Max
50. Difference between procedural and substantive law
Substantive law is the law that establishes rights and obligations of people and
organizations.
Procedural law is the law that establishes legal rules and procedures in which substantive
law is applied.
51.Overriding objectives Also known as the oxygen principle
Art 159 provides access to justice that isMeant to cure the tendency of the adversarial
system to hyperfocus on procedural technicalities over substantive justice
Civil Procedure Act A1 & 1B
Expeditious and proportionate disposal of cases
Just determination of proceedings
Efficient disposal of court business
Efficient use of available judicial machinery
52.Special limited grant
Court order giving personal rep authority to act with respect to whole estate of a deceased
person
Made in special circumstances where urgency of matter is so great that the court would be
unable to make a full grant to meet estate needs. Should clearly state and prove the special
circumstances.
Form P&A 85 and 19
Applicant must appear before judge
53.She gave a scenario that she has died from an accident and now her people are going to
court, how do they apply
Grant ad litem P&A 90B and P&A 19
54.Suits of a minor
Next friend - If the child is suing
Guardian ad Litem - If the child is being sued
55.Provisons of fundamental rights, where they are provided for
56.Taking evidence from a child witness
Voir dire
57.Advantages of llps
No payment of corporate tax only income tax
The liability of all partners is limited
Easier to form than a company
Easier to run on a day to day than company
Has a wider capital base than a sole proprietorship
58.Justice mabea talk on how to structure good arguments

59.Last class of civil procedure what was taught

Injunctions
60. Who teaches you trial advocacy ? Has he taught you Case Brief? Tell us a case brief of
the Ethiopian Plane Crash.
Concise written summary of courts decision.
FILR
61. Give us five social economic rights.
Health, education ,accessible and adequate housing, clean and safe water ,social security
and freedom from hunger and to have adequate food of reasonable quality
62. They are under which Article of the Constitution?
Art 43 of the COK
63. Mareva Injunction
Mareva Compania Mariera v international Bulk Carriers
Freezing order/stop order - Presenting the defendant from disposing assets which may
frustrate the outcome of the case. Normally done exparte through an application of
Chamber summons
64. Have we ever interacted in any class? Yes
Civil - Interpleader Applicants
Order 34 of CPR
A party that is in possession of property being adversely claimed by two or more parties
approaches the court seeking for a determination on who the rightful owner is.
Conditions; no collusion,no interest, willing to deliver and are in possession
Use originating summons, pending suit against person holding interlocutory summons but
if its against a party not holding property use Notice of Motion
65. Which is your best unit? Criminal. What was your last topic? Trial Process.
66. Explain to us the Trial Process.
Court appearance
Application for Bail/bond
Plea takingn
● Guilty - proceed to conviction
● Mitigation
● Judgement is read
 ● Sentencing
- May also be sent for a mental examination
● Not guilty - Proceed to the trial
Trial
● Prosecution’s case section 307 of CPC
Ruling is normally given at this point.
● Defence case. Accused has 3 options:
○ Give unsworn testimony
○ Giving sworn testimony - may be cross-examined
○ Remain silent and wait determination of the court
Close of proceedings
Judgment and sentencing
Decree
67. Hierarchy of courts in Kenya.
Art 163 SC
Art164 CoA
Art 165 HC
Art 169 Subordinate courts
68. I believe Mr Oriri teaches you professional Ethics. What did he teach last! Lien
Retaining lien/General lien and statutory lien under sec 52 of the Advocates Act. Any court
in which an advocate has been employed to prosecute or defend any suit or matter may at
any time declare the advocate entitled to a charge on the property recovered or preserved
through his instrumentality for his taxed costs in reference to that suit or matter, and may
make orders for the taxation of the costs and for raising money to pay or for paying the
costs out of the property so charged as it thinks fit, and all conveyances and acts done to
defeat, or operating to defeat, that charge shall, except in the case of a conveyance to a
bona fide purchaser for value without notice, be void as against the advocate: Provided
that no order shall be made if the right to recover the costs is barred by limitation.
69. Contents of a letter
Letterhead
Date
Recipients address
Salutation
Reference or subject
Body (Intro - body - conclusion)
Sign off sincerely (familiar) faithfully(formal)

70. Opening statement Desmond Peters case

Prosecution
May it please the court, You honor I am Mr Raingo, the prosecutor and on the defence side
is Mr Shoni for the defendant. We are here today for the trial of Mr. Desmond Peters. This
is a case of robbery under sec 295 of the penal code. Your honour the City of Hippo and in
particular the Municipal market has in recent times been marred by insecurity.
On the evening of 1st May of 2009, at around 5 pm Ms. Louisa Singano and her sister
Theela Singano were shopping at the Municipal Market. After they were done shopping
they noticed two young boys following them, once they reached Browns road a young man
informed them that they were being robbed and to their dismay when they turned around
Louisa found her bag being torn using a razor blade. She saw two boys running away, the
boys were clad in brown pants and one had a white shirt and the other a blue t-shirt.
Luckily one of the traders, Mr Mohammed was able to subdue one of the accused. Your
honor that accused happens to be present in the court today. (points to the accused) There
is a need to ensure there is safety for all citizens to freely shop in the market. In the course
of the trial, we are going to prove the ingredients of robbery. We have reliable witnesses,
lined up will that include Persons present at the scene, chataterter witnesses and
investigative officers. Your honor, despite the fact that Louisa was not able to get a glimpse
of the accused person, luckily he was immediately apprehended and she identified him
immediately. The prosecution intends to prove that the accused indeed had the intention.
Your honor we pray at the end of this trail, the court to give a verdict of guilty.

Defence.
May it please the court, Your honour, I am Teresia Ndung’u, counsel for the defendant,
and for the prosecution, is Mr. Hussein. We are here today for the defence of the accused,
Mr. Desmond Peters of the charges of robbery levied against him. Your honor, this is a
case of mistaken identity. My client works as an advertiser to his uncle, Joseph Peter who is
a petty trader who sells second hand clothes. On that evening, as My client was going about
his business, he saw one young boy pass a bag to another and the young boy started
running. To his shock, my client was apprehended by Mr. Mohamed. My client and mr
mohamed work in the same market, and they had an unresolved dispute, where mr
mohamed threatened to arrest my client the day before the robbery. Your honor, we intend
to prove that indeed at the heart of this mistaken identity case, is the grudge between him
and Mr. Mohamed, who apprehended him. By the end of our case, we shall prove that The
accused is innocent of the charges. We intended to rely on credible witnesses who were
present at the scene. One witness, Mr Edwin Kwaza avers that the robbers in question
were wearing different clothes than those of the accused, and that the accused was not one
of the robbers.(eyewitness evidence) He will further testify that the stolen item was a plastic
bag and not a purse, and that Mr Mohamed and the accused have an unresolved dispute.
Despite the victims identifying my client, once he was arrested, they were not 100% sure
that he was the robber. Furthermore there is no physical evidence linking the defendant to
the crime, and hence this crime cannot be proved beyond reasonable doubt. Your honor,
we pray for the defendant to be acquitted of all charges.
71. Communications skills for lawyers. What about it?
● Good listening skills
 ● Persuasion
● Openness
● Curiosity
● Value since they bill their time
72. How to register a company via e- citizen
● Name search on e-citizen which is followed by a reservation for that name
● Determine the entity that you wish to form
● Do a background check on the promoters, directors and shareholders
● Court check on a pending case with the name you have reserved
● Pre-reg checklist
○ Name of the company
○ Physical address of the company
○ The type of the company you wish to form
○ The directors, their names and addresses, kra pins, phone number and email
○ The promoters and shareholders
○ Statement of guarantee
○ Nominal capital - initial capital to start the company
○ The M.O.A and A.O.A
○ Application form for the registration
73. Contents of a l.l.p deed
● Partners,
● location of business,
● capital injection,
● profit sharing ratio,
● managing partner
75. Any landmark family case decision i know
Echaria vs Echaria on Matrimonial property
Initially court stated that matrimonial property would be divided 50/50 then on appeal
court said it would be divided based on contribution which isn’t monetary as it may
include, taking care of the home, taking care of the children and running the family
business
76. Develop theme for SM Otieno case
Case theme: The one sentence that encompasses the entire case
77. 50 clients have been living in a land belonging to KSL for 20 years. The new director
wants to evict them. Do they have a course of action? Yes/No
Its public land hence cannot be adversely possessed. KSL is a parastatal and is on public
land and the government is owner of all land in the country. One can only possess land
adversely if its private land
Conditions:
● 12 running years
● W/o permission of the owner of the land
 ● Notoriously staying on the land - people know you
78. What is dematerialization of shares
Movement of share certificate from being issued physically to being issued electronically.
● It is safer as the certificates cannot be lost or stolen
● It is faster as one is able to sell their shares and buy new ones
● It’s easier to buy and sell shares now
79.What is dollarization of a currency
It is the official adoption of the US dollar by a country as their official legal tender Eg:
Zimbabwe
80. Does the DPP have absolute power?
Article 157 of the constitution.
In as far as commencing criminal proceedings and executing his functions, he has absolute
power pursuant to article 157(10) as he needs no consent from any power or authority.
However, in instances of withdrawing from a case, the DPP must write to court as to why
they wish to withdraw from the case and then court has authority whether to approve or
not
82. Considerations when drafting a Charge Sheet and test in Samuel Githunguri V R
● Statement of offence,
● Statement of particulars and
● Commencement(Date, OB No, police case No., or Court case No)
● Must be a crime in Kenya
● State all things that occurred in statement of particulars as set out by complainant
83. Calls in Company Law-
Called up share capital is shares issued to investors under the understanding that the
shares will be paid for at a later date or in installments. ... Once a shareholder has paid the
issuing entity the full amount owed for issued shares, these shares are considered to be
called up, issued, and fully paid. P
89.who is your role model
90. What do judges do when a person accused of murder is brought before them??
● Confirming mental capacity test has been done
● If mentally fit, next step is taking plea and going on with the case
94. A scenario on affidavit of service
Shows that a party was served by one of the parties in order to quash a claim of not being
served
95. Contents of affidavit of service
● Process server’s name and address
● He’s a licenced process server
● His process server number
● Details of service
○ Who gave the documents
○ By whom
 ○ To serve on whom
○ Date of service
○ The time of service
○ Who accepted service
○ Annex the documents
● If they refused service, state what happened
● Finish with the jurat
● Place for commissioner of oaths
● Drawn and filed by:
96. Laws governing affidavit of service
● Statutory oaths and declarations act
● The Civil Procedure Rules, Order 5
97. Scenario on advocate-client privilege
If a client has given information on a matter and advocate is requested to testify, you as the
advocate may plead privilege on that matter
98. Persons in s. 29 of LSA
Persons who are dependants may inherit from the deceased’s estate
99. Distinguishing element in s. 29
100. If a step-child can inherit from the estate of the deceased
Child under section 3 of the LSA
Step child can have 2 scenarios:
● If deceased maintained the child, then he’ll fall under section 29 and inherit
● If deceased never acknowledged the child, then the child will not inherit
1. What is a privileged will
A privileged will is one made by members in active service and they are privileged in the
sense that oral wills rules don’t apply to them
2. Name the completion documents in a Conveyancing transaction
● Sale agreement(original title docs, ID) ,
● KRA Pin,
● Consents
● Completion(Outgoings and utility bills, CGT acknowledgement slip and receipt,
rate and rent clearance cert, service charge, water and all other utility bills)
● Duly executed Charge, PU,
● Transfer, Charge,
● Discharge,
● Duly filled form for payment of stamp duty
Unique to sectional properties- NEMA cert, WARMA cert, NCA consent, Cert of Practical
Completion from Developer, Share certificate showing you own shares in the ManCo,
ManCo incorporation certificate and Certificate of occupation from local authority
What is the difference between a lease and a tenancy.
3. In a case where a child has had an accident in a school bus how and who will you sue?
4. Assuming the school says that the fault of the accident was a stray matatu how will you
proceed?l
5. What is the law making process in Kenya/
The first stage takes place outside of parliament. Its normally development of legislative
proposals
Drafting of Bill.
Bills are classified on basis of presentation - Government bill that is presented by Govt
-Private members- private members capacity on basis of
on basis of effects- Public- whether a government or private member deals with matters of public
policy and affects general public
-private bill- seeks to affect a particular group of people, association or corporate
body
Public uses the legislative department of the AG, ministry concerned and KLRC. AG develops
guidelines and has proposals for the Bills
By private members themselves sometimes with assistance of civil society
6. Deed poll

7. How to secure an artist's rights. Basically copyright and how to sue for infringement of
copyright.
Plaint
8.Then also how to register a caution.

9.Then how to institute bankruptcy if I'm not wrong

Dr Omondi
10.What are juscogens? name the rights that have attained the level of juscogen in Kenya
Jus cogens (or ius cogens) is a latin phrase that literally means “compelling law.” It designates
norms from which no derogation is permitted by way of particular agreements. It stems from the
idea already known in Roman law that certain legal rules cannot be contracted out, given the
fundamental values they uphold
In Kenya they are found under Article 25;
1. Freedom from torture
2. Freedom from slavery
3. The right to fair trial
4. The right to an order of habeas corpus
11.The article that those rights are found in the constitution
Article 25
Who are the parties to a criminal proceeding?
State-
Prosecutor- Acts on behalf of the state
Complainant- sec 2 of CPC tell the court why they want to sue the accused. Identify the accused
person
Police- Art 244 and 245 investigative functions, prevent and detect crimes
Witnesses-corroborate the case of the prosecution nd the complainant
Judge or magistrate- adjudicate the case by applying the law and give sentencing or acquit based
on the facts set before them
Criminal proceedings
The complainant will approach teh police or mgaistrates with a complaint of a certain crime the
police will record the complaint in the Occurence Book
The accused is then arrested and an ID parade is conducted
They are arraigned in court and plea taking happens they can plead guilt not guilty
Trial prosecutor presents their case examination happens and they rest then there is a ruling
Accused may be put on their defence
After judgement mitigation before sentencing happens
Thye can appeal or apply for review(new evidence has come up)
12.What are the principles of customary international law.
” In Article 38 of the Statute of the International Court of Justice, the Court is obliged to
examine “i[n]ternational custom, as evidence of a general practice accepted as law,” two parts of
customary int law:

1. The practice of States. What might we examine to determine whether states are engaging in
“uniform practice”? We may, for example, consider how states act in their diplomatic relations,
and what sorts of official statements of policy are made. It is worth emphasizing here, that for a
practice to be considered customary international law, it does not have to be universally
followed, but must nevertheless have obtained widespread acceptance.

2. Opinio Juris. How do we determine whether states act from a sense of legal obligation
or rather from a sense of courtesy or mere habit? As the comment to the Restatement of Foreign
Relations Law § 102 indicates, it may be difficult to ascertain when this precise shift takes place,
when a state acts not merely from custom but from a sense of legal obligation. Such a sense of
responsibility may therefore be implied from a state’s acts or omissions

Examples:
1. The doctrine of non refoulement
2. Immunity for visiting head of states
13.How many schedule does the constitution have
6 schedules
Nyarango
14.How many parts does a land register have, name them
3 they include;
1. Property section
 2. Encumbrances section
3. Proprietorship section
15. Difference, Between judicial review, review and appeals
16.What are garnishee proceedings
Order 23
17.What in the general interpretation Act and what does it contain
An Act for the interpretation of written laws other than the constitution
It has several rules
Literal rule
Golden rule
Mischief rule
18.What are some of the laws governing Conveyancing

COK: Art 40, 64, 65

The Law Society of Kenya Conditions of sale
Land Registration Act
Land Registration regulations
Community Land Act
Community Land Regulations
Land Act
Sections property act
Registration of document act
Stamp duty act
National Land Policy
Land Contol Act
19.What those laws repealed
Government Lands Act
Registered Land Act
Registration of titles act
ITTPA
Before Simuyu and Kimari
20. I have served a defendant with a summons to enter appearance,, what is he supposed to do
and after how long
He should file a Memorandum of appearance within 14 days
21..i am a decree holder, in what ways can i execute such a decree
Through garnishee proceedings
Attachment of property
Auction
22..what is prosecution file/ its contents
Box or folder where papers or record are put in a particular order for ease of reference
It includes;
I- initial Report- information gotten from the OB and complaint
D- Documentary evidence -photios maps surveillance sketches
E- Expert report-ballistics, DNA, medical reports, handwriting,
P- Prosecution witnesses and their statement- all material witness statements and must be e
A- Accused person response under inquiry
I- Investigative diary- an account of the findings of the IO as at when he came across such info
visited and places
C- copy of the charge sheet and other docs
A- accused person’s record and property previous records of accused as well as their property
that they were arrested with
C- cover report- by investigation officer stating what they discovered and outlines prosecutions
case as it stands
M- minutes and correspondence

*Kimari*
23.What are the qualifications for one to be an advocate
Under section 9 of the Advocates act;
1. He/ she has been admitted as an advocate
2. Name in the Roll of
3. Advocate’s
4. Has practicing certificate
Hussein the question says qualifications??
Oh ok it is not clear lakini, they didn’t say qualifications for one to be admitted as an advocate!!
They also didn’t say practice as an advocate, the answers for above are for practice as an
advocate
It’s not passed CLe exams? Have an Llb etc?
24. I don't have money for a practicing certificate, so I got a client who drafted documents and
paid me good money.I then paid for the cert in November. Is there a problem? Explain in details
Document drafted when an advocate has no P.C. are valid, but te advocate is not entitled to full
fees
This was held in the case of Anaj Warehousing, Supreme Court decision after the case of Wilson
Ndolo Ayaa stated that those documents are not valid
25. What is the distinctive feature of a company?
1. Separate legal personality, as stated in the case of Salomon v Salomon- a man had a
business and he issues debentures to the company and he claimed he was a secured
creditor and he should be paid.
2. Can sue or be sued
3. Separation of ownership and management
26.Distinguish Company from llps
1. Definition voluntary association of a number of parties for common purpose while an
LLP is about making profit
 2. Members(private Company one member, LLP min 2 partners)
3. Incorporation,
4. Taxation (Companies pay corporate tax, LLps partners pay income taxes)
Oriri
27.Examples of ethical standards governing the legal fraternity in Kenya
Advocates act, lsk code of ethics, SOPEC, Judicial code of conduct, prosecutors code of conduct
Responsibility, transparency, fairness, confidentiality, conflict of interest, competence and
diligence
28.The relationships governed by legal ethics
Advocate-client
Advocate- advocate
Advocate and court
29. Fair trial v fair hearing
Art 50
Rights of person v procedure
Dr. Owino
31. Dualism v monism and where Kenya stands
Art 2(5)(6)
32. Considerations taken by a court in granting an injunction
Giella v Casman Brown and Mrao v First American Bank
1. Must establish he has a prima facie case with a probability to succeed
2. Must suffer and irreparable harm incapable of being remedied by damages
3. If court is in doubt it will implore a balance of convenience to decide
33.Tell us about Lilian S v Caltex
Justice nyarangi and downing tools and not proceeding further
34.Distinguish between stamp duty and CGT ?
Stamp duty is the tax on the government stamps that need to be affixed to the conveyancing doc
during registration. It is paid by the purchaser
CGT is the tax levied under the capital gains tax on capital gains made through the transfer of
property situated in Kenya. It is 5% of net gain and it’s paid by the vendor.
35.Who is charged with getting the stamp duty. Purchaser
36.Who drafts the sale agreement. Who drafts the transfer documents.
sale agreement-seller
transfer - buyer nowadays its a form LRA 33 that you download
37. Obligations of the purchaser's and seller's advocates.
Purchaser due diligence through searches, to ensure the client gets the completion documents, to
uphold a PU, ensure all outgoings are paid if agreement states so, to pay stamp duty
Vendor- draft the sale agreement, client interview to find out the particulars of the matters, Do
requisitions with purchasers adv, procure required consents, ensure CGT is paid, pay land rent
and rates, ensure that actors in conveyancing are paid
38. Demonstrate how a professional undertaking works where there's a vendor purchaser and
financier.
Impasse when the seller requires full amount to release completion docs and the financier wants
the completion documents. The Financiers adv issues a PU promising to transfer funds as soon as
they receive completion documents and register transfer and charge
39.Interlocutory proceedings
Instituted by parties on basis that a matter has come into consideration that needs to be dispensed
with before the continuance of the main suit
40.Reconcile the freedom of expression and the restrictions of the advocates dress code.
Memorandum of association
A memorandum of association is a Memorandum of association. memorandum stating that the
subscribers — (a) wish to form a company under this Act; and (b) agree to become members of
the company and, in the case of a company that is to have a share capital, to take at least one
share each. (2) A company may not be registered unless its memorandum of association is — (a)
in the form prescribed by the regulations; and (b) authenticated by each subscriber.
Mr Oriri and Dr. Omondi
212.Who is a lawyer .Who is an advocate
A lawyer has an LLb while an advocate has attained the qualifications under section 9 of the
Advocates Act;
1. Has been admitted as an advocate
2. Name is in the Roll of Advocate’s
3. Has a practicing certificate
213.What is mandatory injunction
An order issued by the court to compel someone to do something

*Mr. Oriri*
215What is Judicial Recusal
A judge or magistrate refuse to adjudicate on a matter due to conflict of interest
Voluntary
Involuntary
216.What is Judicial Review
BLUUFPENAI
217. What are the three writs in judicial review
Certiorari, mandamus and prohibition
218.Systems of courts in Kenya
Adversarial system
Principles of a good filing system
Simple, Easily accessible, economy of space time and cost, flexibility, indexing(easily
referenced,alphanumeric, numeric )
7 Cs of good communication
Clarity, conciseness, correctness, coherence, courteous, concrete and completeness
4 s of good communication
Simplicity, Shortness, strength and sincerity

219. What is a prima facie case in criminal law

The test what amounts to a prima facie case was established in the case of RAMANLAL
TRAMBAKLAL BHATT -VS- REPUBLIC (1957) E.A. 332 as follows:-

"(i) The onus is on the prosecution to prove its case beyond reasonable doubt and a prima
facie case is not made out if at the close of the prosecution, the case is merely one which on full
consideration might possibly be thought sufficient to sustain a conviction.

(ii) The question whether there is a case to answer cannot depend only on whether there is
'some' evidence irrespective of its credibility or weight sufficient to put the accused on his
defence. A mere scintilla of evidence can never be enough; nor can any amount of worthless
discredited evidence."
220 If an accused is found to have a case to answer after the prosecution case, can he be
convicted at that point?
No, he has to be to his defense
Every accused has a right to defend himself under Article 50
221.Conflict of interest
Competing interest.
Successive representation
Called as a witness
Issue conflicts
King Woolen Mills v Kaplan and Stratton
*Dr. Omondi*
222.Jurisdiction of the High Court
Original and unlimited jurisdiction to hear all civil and criminal matters
Murder was recently taken to the resident magistrate court
Appealate jurisdiction
Supervisory jurisdiction to lower courts and to admin bodies performing quasi judicial functions
Habeas corpus
Art 22 matters on violations in bill of rights
223. Conflict between general and specific law, which one prevails (High Court and specialized
courts in mind)
General is COK specific is Acts and the COK reigns supreme
224.Delegata potestas non potest delegari principle
It is a principle in constitution and administrative law meaning no delegated power can further be
delegated
225.Two main principles of natural justice
No one should be made a judge in his own cause.
No one should be condemned unheard
226. What does Article 49 provide for
Rights of arrested persons
Informed of charges
Produced in court within 24 hrs
Right to remain silent
Informed of reason for arrest
Communication with an advocate
Held separately from persons serving a sentence
227. What are non derogable rights and their equivalent in international law
Jus cogens
Art 25
Panel 1 Chrispine and Munyithia
56 Questions
228.What would you do as the advocate for a client putting up sectional property
Developmental conveyancing
NCA
NEMA cert
Cert of practical completion
Cert of occupation from local authority
If they are the developers in a ensure that they get subleases

Anastacia & WaKimani

229. What did we learn in the last Commercial Class? MPSR
230.2 major areas of IP in Kenya.
231.Agency by Ratification.
232.Process of registering an LLP
233.Difference between LLP & General Partnership

234.What have you covered in Civil

235.4 functions of a personal representative
236.What happens if a Personal Represntative does not declare certain property
237.Scenario on people wanting to use property of deceased
238.Name of the offence if they go ahead & do so
Joyce 50 questions.
156. Explain how to draft a formal letter
1. Address of the sender and receiver
2. Re:
3. Introduction
4. Body Conclusion
5. Sign out
157. Explain the difference between Active and Passive voice.

158. Do an examination in chief of a rape victim.

159. Elements of rape.
Sect 3 of the sexual offenses Act;
1. Intentionally and unlawfully
2. Penetration with his or her genital organ
3. Penetration is not consented to by the other party or
4. Consent was obtained forcefully
160. Identification and Recognition
Identification happens when victims / witnesses saw the commission of the crime and the person
but they don’t know them personally while recognition is when you personally saw the accused
person
161. What document do you need to prove peneration in rape.
Medical report
162. Invitation to treat in contract
Fisher V Bell
163. What is conveyancing
164. Key features in cross examination
1. You can ask leading questions
165. Key features in examination in chief
1. You only ask open ended questions/ no leading questions
2. One fact question at a time
3.
166. Who is a dependant
Sec 29

167. Is an adopted a dependant

Yes

Yes if the deceased had taken him in as his own child under Sec 3 and provided for him/her
168. What is jurisdiction in criminal law?

169. Types of jurisdiction?

1. Pecuniary jurisdiction
2. Territorial jurisdiction
3. Appellate jurisdiction
4. Original jurisdiction
5. Unlimited jurisdiction
170. What happens if a court has no jurisdiction?
Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] ‘the court must down
its tools’ 😅
171. What is a fact?
Sec 2 anything that can be perceived by the 5 senses
172. What pleadings are filed after a person has filed a defence?

173. What would you do after you are admitted in order to restore the public confidence
in the judiciary and its officers?
174. Difference between a sale agreement and actual sale of goods
175. Duties of directors
1. Duty to act within their powers
2. Duty to diligence and skill
3. Duty to promote the business of the company
4. Duty to avoid conflict of interest
176. Assuming mrs ruto n mbogo were to get in an agreement what would i expect to see
in the agreement.
1. Description of parties
2. The recital
3. Nature of interest
4. Purchase price
5. Breach and default
6. Arbitration clause
177. what is your knowledge on goodwill

178. which area are you interested in? If it is grants then

179. Assuming a widow comes want to get some money from the husbands bank account
what would you advice her
180. Also the widow wants to take over a suit that her husband was pursuing before his
death.
181. Mrs ruto also asked me to go and close the door just to ascertain my dress code.
182. If you were to be anything else apart from a lawyer what else would you be ?
183. Chinese government has been constructing roads in Kenya, recently one of the
companies constructing some of the feeder roads did a shoddy work, government of Kenya
sues the Chinese company that didn't construct that road. How do you go about defending
the Chinese company ?
184. where have you reached in criminal litigation? Me pleas. Tell me the contents of a
plea bargain agreement.
185. When can an arrest be made without a warrant?
1. Cognizable offence
2. Citizen arrest
186. what order do advocates use to charge clients?
Advocates Remuneration order
187. who regulates it?
The Chief Justice
188. what document does the cj use to regulate Rem Order? 7. why was Rem Order
enacted?
189. if an advocate is tried and found guilty by a tribunal, then the dpp later on directs for
criminal proceeding against the advocate, proceed and state possible defences.
1. Double jeopardy
190. In the era of around 1993 what was happening in the USA?
191. your client is a aged blind woman who wants to sell land comes with a
granddaughter who is blind as a representative which specific document will you draft?
192. When does one use an OS?
193. What is a petition?
194. Types of petitions?
Comment on the debt facing the country and what you'd say about it
195. Which position deals with managerial functions in an office
Manager/ managing partner
196. Functions of a managing partner
1. Supervise
2. Allocate work
3. Organize
197. Give Opening Statement in rape case
The Prosecution Side.
"Your Honour I am Mr. Canon Kings acting on behalf of the State and on the defense is Mr.
Ogara David representing the accused, Mr Ouma Ronnie. We are in court today to charge Mr.
Ouma, the accused with the offense of rape contrary to Section 3(1) of the Sexual Offences Act.
Your Honour this is a case about rape. Your Honour it is the right of each and every individual to
have their dignity upheld by virtue of them being human. It is inherent for every person to be
valued, respected and treated ethically. This transcends further to the sexuality of every
individual but this is not the case for the accused. The accused decided to utterly disregard the
dignity accorded to the victim(s) by forcefully and willingly coercing the victim(s) into engaging
in sexual activities/relations without their express and voluntary consent. The accused failed to
uphold the sexual dignity of the victim. During this trial, we are going to paint a picture of how
the violent and criminal sexual needs of the accused were put over and above the dignity of the
victim. Your Honour we are going to probe beyond reasonable doubt that the accused is guilty
of rape. To prove this we are going to call to the stand, four witnesses. The investigation officer,
Mr. Ule Mmbaya who is the officer who arrested the accused. Secondly, Dr Amin Madawa who
is going to give medical evidence to ascertain that indeed the accused raped the victims. We are
also going to call Ms. Kizimba Terani, the ex-wife of the accused who will portray a violent and
sexually starved picture of the accused. Lastly will be Ms. Jada Robie who is the daughter of the
accused who was present in the house where the incident occurred. The defense is going to
contend that the accused and the victim had an intimate relationship over the years. What they
will fail to tell you is that consent is very important regardless of whether there was an intimate
relationship between the two. Your Honour at the end of this case, we are going to prove that the
accused is guilty of rape hence we are seeking a conviction. Thank You"

198. What is rape

Sec 3 intentional and unlawful act causing penetration of another person using genital organs
Elements: Frank Wanyama and Alex Olaba gave 15 yrs for gang rape
Doctrine of innocent possession

199. What do u call both male and female judges of the High court rank
My lord/ my lady

aqaqMike 2019 Question

55. Types of front office layouts?

Start by defining what an office is and what an office layout means

1. Open plan- open & free of any partitioning
Adv.
•max utilization of space
•effective internal com
•easy to set up
Disad
•increased level of noise
•lack of privacy
2. Closed plan- subdivided into small rooms
Adv
•private and confidential
•Noise reduction
Prestigious
Disad
•Not flexible for modification E.g. concrete parti
•Hinders effective internal com
Expensive to set up
3. Landscaped layout- green plants & flowers to reduce office expenses
Adv
•pleasing you the eyes
•Tidy
•Motivates
Disad
•Expensive
•Occupies lots of space
•Distraction
4. Workstation layout- small working stations
Adv
•easy supervision
•security
•Easy com
Disad
•lack privacy
•Noisy
•expensive to maintain
5. Modified layout- +open & + close (closed but glass
Adv
•security
•Reduced noise
•healthy
Disad
•expensive
•Increases mov’t
56. How does one take a plea in criminal proceedings?
Plea taking in criminal proceedings is the first step before a trial begins. It is the process by
which an accused person is informed of each of the charges against them in a language they
understand and given the opportunity to respond to them, this was stated in the case of ADEN V
R
An accused person in taking plea, can choose to plead guilty, not guilty, autrefois acquit,
autrefois convict or choose to say nothing at all
A plea can also be equivocal and non-equivocal

57. What is sub judice

Section 6 of civil procedure rules
“ no court can hear matters in between same parties with same claim pending in another court
with jurisdiction “
In Edward R Ouko v speaker of NA
Justification
•interest of parties
•interest of justice
Test

•must exist 2 or more suits filed consecutively

•matter in issue is same
•parties are same
•suit pending in court with jurisdiction to grant relief
58. During the election petition everyone was a legal consultant. Would that amount to sub
judice?
Yes or no???
No because it was a matter in the media and it sparked a lot of public interest

59. Auterfois convict and auterfois acquittal?

You have charged with the same crime and convicted by a court of competent jurisdiction
You have been charged with the same crime and acquitted by a court of competent jurisdiction

60. The doctrine of res judicata does it apply in criminal law? If yes to what extent?
By the principle of double jeopardy, which states that you cannot be charged with the same
crime, relying on the same facts if you have been acquitted or convicted before

61. If you are a conveyance advocate and your client agrees to divide for you a piece of land
after litigation as payment will that be right?
Sect 45 - fix amount of fees
Sect 46- invalid agreements
a. Advocate purchases interest in suit
b. Agreement relieving advocate of negligence
c. Based on success contingency
d. Fees less than remuneration prescribed

Ahmednassir Nassir V NBK

62. What is a contingency fee?

Talk about types of fees. Ie retainers etc

Fees charged by advocate based on favorable outcome of case

It is illegal in Kenya
Invalid -46 Advocates act
63. Alikiba approaches you and tells you there is a guy in Riverroad who has made thousands of
cds of his music and is about to transport them to UG. What do you do?

Talk about injunctions generally.

Apply for an Anton Pillar injunction. An Anton Piller order grants the the right to search a
suspect's premises and seize evidence without prior notice
64. Your aunt seeks your advise during your graduation day abt a certain pending case. You tell
her she has no case. Aftet six months another advocate tells her she actually had a case but time
has lapsed. She sues you for negligence. What is your defence?
Who can practice law? Section 9

Defence scan be: 1. You have her a caveat that you just finished school and hence you are not in
a position to peace law
2. The advice was given informally and not after your services were retained
● practicing certificate
● Admitted as an advocate
● Name in the Roll

65. A child is offered lift by a driver of Nakumatt holdings ltd. They get into an accident and she
is injured seriously. Medical bill comes to abt 7m. What do you do? How do you approach the
court and the jurisdiction.

This is a tort issue.

To sue for medical bills nakumatt holdings driver must show all elements of negligence
Ie. Duty of care, that duty was breached, causal link and causation

Nakumatt holdings, depending on the policy they have or issues you can add them as vicarious
liability
Possible defence for the driver is volenti non fit injuria

66. What are prohibitory injuctions (give an application scenario and state how you approach the
court and the same for mandatory injunction
Prohibitory - refrain from doing something
Mandatory- do certain thing
Application
● notice of motion + supporting affidavit order 40
67. Who are promoters and their responsibility
One who undertakes to form a co & takes the necessary steps to accomplish that purpose
Responsibility
a. Prepares the documentation
b. Register a company
c. Meet company preliminary expenses
d. Finding directors & shareholders
Duties
a. Act in good faith
b. Proper accounting
c. Disclosure
68. Are they required to be remunerated?
Yes but , becoz there no contract cause the company has no legal existence or capacity to
contract
However, they can recover through the Articles

*yes????
69. What happens if a promoter offers their premises to the company as a place of business?
If there was a preincorporation contract then the promoter can claim the property back after
incorporation if the company adopts the contract.
70. A client comes to you at 8 am his property is being auctioned at 3pm how do you help them
Stay of execution
71. What does time of the essence mean?
Failure to act within the time required constitutes a breach of the contract.
72. If 'time is of essence' hasn't been stipulated in the conveyance agreement, what is the
procedure for claiming debt due if acting for purchaser?
Time is of the essence is a phrase used in contracts to mean the specified dates and time are vital
and mandatory. Failure to act within the stipulated time constitutes breach of contract.

it means that if a party doesn't do what they ought to do by the due date as provided in the
contract, then the other party is entitled to terminate the contract (they have rights against the
defaulting party) as failure to complete in due time is deemed a fundamental breach of contract.

The party at fault doesn't enforce the contract specifically but the other party is free to pursue
their remedies for breach of contract which include specific performance.
The aggrieved party is even at liberty to rescind the contract.
However time in this case is only regarded if parties expressly provide for it as a term in the
contracts

73. Effects of non registration in a conveyance.

Conveyancing is complete only once registration is effected.
1. No registration
2. Stamp duty (Evade taxes)
3. Sect 24 of LRA vests In a party absolute ownership of that land
4. Certificate of title conclusive evidence of proprietorship
74. If you are acting for the vendor and 20% of the purchase price has been paid, what is the best
way to act if timelines in law for payment of the remaining amount has lapsed.
Retain the 20% as a penalty
Go to court for specific performance
Remain with completion documents handed over to them during the completion stage
75. What are the major differences between sale by auction and an ordinary sale?
1. The difference is that in an auction there will be several prospective buyers called
bidders.
2. In an auction buyer acts on your schedule in an ordinary sale you wait for them
3. In an auction property is sold without contingencies in an ordinary sale contingencies are
there
4. In an auction the focus is in your property in an ordinary sale you property is among
many being advertised
76. If a company becomes insolvent and they are unable to complete payment for a piece of
property. Recourse for vendor.
Make it known that you are a creditor to the insolvent company, exercise the power of seller with
possession and re-sale the land
77. Ways in which a de-registered public company from NSE can changed to a private Co.
Section 77
a. A special resolution to convert has been made
b. An application for the registration has been lodged with registrar
c. Registrar will not register unless application contains:
1. Statement of company’s new name
2. Copy of resolution
3. Copy of new articles
d. Registrar shall them issue a certificate of incorporation
78. Matilda asked about JR. The documents to file at leave stage, what each document says and
what happens in the substantive stage.
1. Leave stage
Applicant makes an exparte application to judge in chamber for leave
Docs
•chamber summons
•statutory statement
•verifying affidavit
•supporting affidavit
2. Substantive stage
Within 21 of order for lease
Docs
•Notice of motion
Supporting affidavit

79. Also what orders does one seek in getting a JR.

1. Certiorari
Order for quashing or reversing an action of a public body
2. Prohibition
An order restraining a public body from doing that which is illegal
 3. Mandamus
An order that a public body does a duty imposed by law
80. is there a difference between the JR in the CoK and the one under Order 53.

81. what is a statement of claim, it’s format, what to annex, its difference with a plaint.
Statement of claim is majorly used when the matter relates to employment or labour issues
The difference is that you can adduce evidence Ina statement of claim
82. Also whether we put evidence in pleadings.
Yes, depends on which pleading
83. what questions do we ask in cross exam and what is impeachment of a witness
One fact leading question
Impeachment
Evidence Act doesn’t define
Impeachment seeks to test the credibility of the witness
84. difference between a leading question and an open ended question
Section 149: any question suggesting the answer which the person putting it wishing or expects
to receive is a leading question
Open ended answer is not suggested eg how , when, where , what
85. What do you look at during case analysis?
1. Gather facts
2. Analyse the facts
3. Search and analyze the law
4. Formulate legal theories
5. Analysis cases and statutes
86. How do you deal with bad facts during case analysis
1. Use them to your advantage
2. Admit them
3. Ignore them
87. What is Confidentiality?
The obligation on the advocate to keep the clients information private
It arises where advocate;
1. Has a corresponding interest in the subject matter
2. Issue conflict
3. Successive representation
4. Simultaneous representation
5. Expected witness
Case: king wollen Mills v Kaplan &stratton adv
88. Types of limited grants
1. Grant ad colligenda bona defuncti
2. Grant ad litem
3. Grant of administration pendente lite
 4. Grant de bonus non administratis
5. Special limited grants
89. Difference between ad colligenda bona and ad colligenda defuncti

90. Are there grants that are limited by their nature?

Yes, for time

1. Grant Durante aetate minore (where rep is a minor, ends when they are 18)
2. Grant durante absentia (where personal rep is outside the jurisdiction)

3. Grant where will unavailable

4. Benefit and use of person of unsound mind
5. Temporary grant
6. Special grants
7.
91. Conditions and warranties in sale of goods
Condition- stipulations that are essential to the main purpose of the contract
They can be implied or express conditions
a. Condition as to title
b. Condition as to description
c. Condition as to quality or fitness
d. Condition as to merchantability
Warranties- A stipulation that si collateral to the main purpose of the contract
A condition becomes a warranty when --
a) the buyer waives the conditions or opts to treat the breach of the condition as a breach of
warranty ; or
b) The buyer accepts the goods or a part thereof, or is not in a position to reject the goods.
They include;
1.Implied Warranty of Quiet Possession --
Implied Warranty of Freedom from 2.Encumbrances --.

92. Which part did you do in your lpm project? Explain

Legal framework
93. what law provides for a sexual harassment policy within an organization
Employment act section 6 - 20 or more employees you must have a policy

94. factors to consider in setting up an office.

Possible Expansion, safety of location, accessibility for both clients and workers

95. What decision the Court makes at the close of the prosecution case.
Ruling on whether there is a case for the defense to answer

96. Reasons why members may want voluntary liquidation of a company.

The aim on the company has ended

97. What application you make if the members of a company tell you that they want to protect
themselves from creditors…

Court order for administration plus Moratorium Application

Applications for insolvency cannot be raised by creditors

Ie uchumi case
98. Provisions of Article 50.
Fair hearing
1. To be assumed innocent until proven guilty
2. To be informed of the charges
3. Adequate time to prepare defense
4. Public trial before a court
5. Representation by an advocate
6. To remain silent
7. To refuse to give self incriminating evidence
8. Interpreter
99. Meaning of Police powers in conveyancing.

Police power is known as the power of the government to regulate the use of land for public
interest and protection.
Differentiate between police power and eminent domain
Article 40 of the constitution

100. You are walking in KSL and you fall down due to bad tiles - what case do you have against
KSL ?
Tortious claim of negligence
Duty, breach,
Caparo V sick man
101. What happens when you pay yourself out of the proceeds of a case- is this allowed?
You can’t pay your self without clients consent
Instead you can exercise the right of lien
102. What kind of measures will be taken against an advocate that commits this kind of offence
of misappropriating client funds?
A complaint to the complaints commission
103. you have a client who wants to build a mall in limuru on agricultural land . What are the
preliminary considerations that come to your mind to advise such a client?
Consent from the agriculture board to convert agricultural land to commercial use/development
104. Do you participate in class, explain the questions you’ve ever answered in class.
Amendment of pleadings?
Can be done at any time before close of the pleadings
Order 8

105. my friend and I want to open a law firm, what would go in the business plan?

1. Executive summary i.e, mission, vision etc

2. Description of the company- Name of firm. Services of your firm
3. Organisation and management
4. Service line i.e Litigation, ADR et.c.

145- Defines examinations

146- Order and direction of examination
146 b Re-exam

149- Meaning of leading question

150- Leading questions in Exam in chief and re-exam
151- Leading questions in cross exam

Anastacia and kungu....

Kungu asked...
1.differentiate btwn active and passive voice…
The subject-verb-object= active
The verb is doing the subject= passive
2. give examples and instances where passive voice may be used
1. When doer is unknown
2. When you want to hide their identity
3. When your want to emphasize the action
3.If ur name was mispelt in an I'd...which doc will u swear
Statutory declaration
4.Important instruments of legal writing
a. Affidavit of marriage
b. Deed poll
 c. Affidavit of lost item
d. Memo
e. Legal opinion
Anastacia asked
5. Which doc to swear for change of name
Deed pole accompanied by statutory declaration
6. Title of suit when suing on behalf of a child and a person of unsound mind
Jane kamau( a minor) by Mary kane.. plaintiff
(Suing as the mother and next friend)
V
Hussein………………. Respondent

7.Revocation of will by striking thru a word in a will...and making a mark at the end of the
will...some scribble
Element
1. Destroy
2. Intention. (Cheese v lovejoy)
8. Position which step child falls...section 29a or b
29(b)
Before Kungu and Anastasia
*Kungu*
9. What was the last thing we did in class?
10. Type of affidavits?
1. Supporting affidavit
2. Verifying affidavit
3. Supplementary
4. Replying affidavit
11. Difference between verifying affidavit and supporting affidavit?

12.In a civil suit who begins the case?

Order 18. - party who has right to begin shall state his case
13 What is the name of that process?
Opening statement
*Anastasia*

14.What documents accompany a plaint?

Verifying affidavit
List of docs
List of witnesses
Witness statement
Demand letter
15.What was the last thing you did in probate?
16.Briefly describe how sealing happens?
Sect 77
Rule 42
17.Under what type of property does sealing mostly happen?
Property In a foreign movable country
18.Remedies for minorites in a company?
Derivative action
Winding up
Apply to court for an order
19.Types of partnerships and liabilities.
General partnership- unlimited liability
Limited liability partnership- limited liability
Limited partnership- limited partners + unlimited patner(general partner)

20.Limits on civil cases which a personal respresentative cannot act for the deceased
1. Personal injury cases
2.
21 Parts of an employment contract.
Remuneration
Benefits
Period/Duration
Leave
Sick off
Termination
Job description

22.Ways of resolving a civil dispute.

Arbitration
Mediation
Negotiation
Litigation
Settlement
23.Names of my lecturers.

Panel 4 Kimari and Mwaniki.

24.Types of special grants

25. Principles of procurement

26.Defamation being a crime
27.Service outside Kenya (UK)

Panel 3: Christine and Anastasia

28. A scenario on affidavit of service

Order 5 rule 15
To prove when and where the summons were served
Who they found at place of service

29 Contents of affidavit of service

30. Laws governing affidavit of service
31. Scenario on advocate-client privilege
32. Persons in s. 29 of LSA
33. Distinguishing element in s. 29
34. If a step-child can gain from the estate of the deceased
*Before Mr. John Oriri and Mr. Samuel Akhwale (panel 4)*

*Mr* . *John* *Oriri* :

1. Which class are you?
2. where do you usually sit in class?
3. what did we learn in our last class?
35.What is Champerty?..is it legal?
36. What is touting?..where is it provided for?
37. Is marketing by advocates prohibited?, Under which statutes?
.

*Mr* . *Samuel* *Akhwale*

1. Do you follow current affairs?

2. Do you know Kenneth Matiba?
3. Give me an explanation about him?
4. After his demise, assume his family members approach you, give me 3 best facts you
would rely on in pursuing your case?
5. Under which law would you file the case under and in which division?
6 Considering lapse of time ( let's say it's 20yrs)..how would you proceed?
7. Assuming you're now ready to proceed with the opening statement, give us a theme from
the facts you would rely on?

*Malowa and Wanza*

38.A law firm takes 3 forms, state them.
39. Difference btwn an LLP and an ordinary Partnership.
40. Policies in a law firm
Meaning of a fiduciary relationship.
41 Why did you take law?

Which advocate inspires you?

42 Duties of an advocate, which duty ranks high?
43 Have you interacted with any of us? Where?
Principles of procurement
Means of acquiring, Utilization and disposing of assets
Principles-
Procurement in Human resource - interviews, shortlisting of candidates, interviews,

*Panel 3 Ann Konuche / Mutoka.*

*Mutoka*

44. What is franchising.

45 Advantages of franchising.

*Konuche*
46.Represent the buyer and seller in a transaction for the purchase of land.(due diligence)
47.Completion documents.
Panel 4 students, heads ups for the following questions I was asked today:

*Oriri and Akhwale*

48What is ethics?
49.Why is it relevant to Law or offered in KSL?

50. What is a profession?

A profession is a vocation requiring advanced education and
training. It may also be defined as a learned activity that involves formal training, but within a
broad intellectual context.3

51.What is the difference between a profession and business?

First, professions are based on philosophy acquired through
advanced training. Second, professionals render unique public
services which require extensive training. Third, professional work
needs thorough preparation because of its unique nature. Fourth,
professions are based on specialized skill, and finally, professional
services should be rendered for the benefit of the public.

52. Do you follow current affairs? Tell us which ones.

BBI, Cjs advisory on the ⅔ gender provision (interpretation of Shall and May), senate judgment
on certain laws being illegal, COVID-19 millionaires(Corruption scandals),
https://www.standardmedia.co.ke/opinion/article/2001388804/maragas-advisory-on-the-two-
third-gender-rule-not-a-preserve-for-women
Sunset period 90 days for senate and national assembly to come together and form a consensus
on the bills actv to comply with article 110
US- Election

53. Are you familiar with the Jacquie Maribe case?

Yes
What would you use as a defense for her?
Alabi
http://kenyalaw.org/caselaw/cases/view/161225/

54. What points would you use to persecute her for being an accomplice to murder?
Accessory after the fact
https://www.the-star.co.ke/news/2019-06-22-fresh-details-emerge-in-jowie-murder-case/
https://citizentv.co.ke/news/intriguing-details-emerge-as-4-witnesses-testify-in-monica-kimani-
murder-case-305644/

55.Art 10 CoK
National values and principles of governance. They include:
1. Patriotism, national unity, devolution, rule of law,democracy and participation of the
people
2. Human dignity, social justice, equity, inclusiveness, non discrimination and protection of
the marginalized
3. Good governance, integrity, transparency and accountability
4. Sustainable development
The principles bind all state organs, officers and public officers when they are
1. Applying or interpreting the constitution
2. Enacting, applying or interprets any law
3. Makes or implements public policy decisions
56.Oxygen principle
Article 159(2) (d) of the Constitution provides that “justice shall be administered without undue
regard to procedural technicalities.” This principle is known as “the oxygen principle”, and it is
meant to avoid the unnecessary miscarriage of justice by allowing the courts more discretion

57.Which court has jurisdiction on family matters (divorce probate and adoption)
Divorce- Magistrate/High court
20 mill
Adoption- Children’s court, high court

58.When someone is to court but does not take a plea but police officers ask the court to
detained for some days is it against yours rights?

Art 49 says you must be presented to court,

However, the right to bail is not absolute. The police must show that the courts “cogent, very
strong and specific evidence” in order to justify the denial of bail.

59. Guiding principles in the CoK on Administrative justice

Principles of administrative justice under Art 47. They include;
1. Expeditious
2. Efficiency
3. Lawful
4. Reasonable
5. Procedurally fair

Mongare mwaniki

60.Factual scenario: how do you deal with a client who comes to you with a civil matter
from the beginning to the end.

Trial process- Client interview(Asses to see if claim exist, possible forum and Parties), Taking
Instruction and Legal Opinion demand,collection of evidence and documentary evidence,
Exchange of pleadings, pre-trial conference, mentions/hearings, rulings on any applications
brought and judgment and decree

61. probate.. Factual scenario Access of funds for school fees

Special Grant

62. What's the difference btn a charge and a mortgate

In a mortgage, the ownership remains with the borrower and the possession is given to the
lender.
If in any situation, borrower fails to pay back in time, the lender has right to sell the mortgaged
property and recover the amount
63.what do you understand by the following; CGT, stamp duty and who pays for them
Stamp duty- Buyer
CGT- Seller

Kelly and Herbert

Herbert.
64.How do you make an application for garnishee proceedings.
a judgment creditor has the option of attaching debts that are owed to the judgment debtor,
which include sums that are held in a bank account, through garnishee proceedings. The
judgment creditor will be required to apply to the court, identify the debt that is sought to be
attached in the application, and serve the application on the person who owes the judgment
debtor. Should that person confirm that he or she holds monies owed to the judgment debtor, the
court will order that such sums be paid to the judgment creditor.
(Order 23)
Notice of motion, application for garnishee order nisi to be issued to the garnishee.
Money they are holding to be attached for the decree
Appear to show why the order nisi should not be made absolute
7days before nisis, show cause, nisi is made absolute
Attached to answer the decree
65.where is it provided in the civil procedure.
Order 23
Comment on withdrawal of the charges against
66.What's the essence of signing a demand letter?
A demand letter should be signed by an advocate.
It is a document that is chargeable under the Advocates (Remuneration) Order, 2009 and
therefore attracts the prohibition under section 34 & 35 cap 16, i.e., not to be drawn by an
unqualified person, or remuneration thereof accepted by an unqualified person
Further, signing in the name of the firm is not sufficient as it is not safe – it may lay the demand
letter open to challenge as not being given either by the party or by an advocate as his
representative on his behalf: Singh v Munshi Ram (1937) 4 EACA 9

Authentication - since presented in court and also under order 3

67 Assume you're acting for a pauper, how do you make the application?
Pauper Briefs-Via Notice of motion
Civil Procedure Rules
68.Comment on the doctrine of indoor management.
Royal-Bank V Turquand
Also known as the indoor management rule. It is a doctrine that implies that persons who are
dealing with a company once they have satisfied themselves that the transaction is not
inconsistent with the articles and memorandum of association are not expected to inquire into the
regularity of internal procedures of the company to enforce the contract. It’s was put in to
intervene the doctrine of Constructive notice.
It was established by Lord Hatherlyin in the case of Royal Bank v Turquand. In this case, the
company had received a loan of £2000 and subsequently issued a bond; signed by two directors,
under its common seal agreeing to repay the loan. The articles of the company had stipulated that
the directors may borrow on bond such sums as long as it is passed by a general resolution of the
members of the company, a requirement that hadn’t been fulfilled in this situation.
Nonetheless, the Court of Exchequer held that the bond was binding on the company because
the lenders were entitled to presume that a resolution had indeed been passed thus no need for
enquiries as to the internal procedures

Kelly.
69.What did you do on your LPM project .Take us through chapter four.

70. What is fair trial.

A trial that is conducted fairly, justly and without procedural irregularities. Article 50 of the CoK
embodies the principles of natural justice by providing for right to fair hearing. Disputes to be
resolved by the application of law in a fair and public hearing before a court. The article provides
for fair trial trial which includes:
a.right to be presumed innocent till the contrary is proven
b.to be informed of the charge with sufficient detail
c.to a public hearing before a court
d.have the trial began without unreasonable delay etc

71.How do you ensure there's confidentiality of a client in an office.

a.during client interview, reminding the client that info given in confidential
b.chinese wall concept.
c.extend confidentiality training to legal and non legal staff
D, ensure safety of documentation (Filing system)
Different departments

72. Clauses in a contract

A contract is a legally binding agreement between 2 parties. A clause is a specific provision in a
contract that address the aspect of the contract i.e. they clearly define each parties duties, rights
and privileges. Types include:
a. Statute of limitation clause
b. Time of performance clause
c.Arbitration clause
d.Force majeure clause
e. Indemnification clause
f. Advocate fees clause
Consideration clause
*Laibuta and Owino*

73. Without prejudice phrase

It means a statement made without prejudice cannot be brought to court and used as evidence of
admission. It is sometimes referred to as 'off the record'. It is a form of legal privilege with an
aim of the parties attempting to settle and negotiate on the matter.

74. Nolle Prosequi

It's a Latin meaning of 'do not prosecute'.Its a formal entry of the DPP stating that a case or part
of the case shall not proceed. It is done anytime before the verdict.
It is provided in Art.157(6)(c) CoK,
Dpp act sec 25 and S.82 and 87 CPC.
Reasons for Nolle..include:a)insufficient evidence (b) plea negotiations. However the DPP must
seek permission form court to discontinue-article 157(8)

75. Difference between a ruling and a judgment.

A ruling is a court's authoritative decision on the issues raised about the question of law and
admissions ability of evidence.Rulings are inler;octory while judgments are final
A judgement is the court's final decision on the whole case. It's done at the conclusion of a case.

76 How many Articles and Schedules does the constitution have?

18 chapters
264 articles
6 schedules

77. Article 26
Right to life; Right of life is a life
life begins at conception, none to be deprived of this right. Talk about abortion.
Abortion is not permitted unless in the opinion of a trained heath professional, there is need for
emergency treatment or on the life or health of the mother is in danger or if permitted by any
other written law.
Reproductive Health Bill- Abortion for Minors and Safe Abortions (Who is a health
Professional)

78.What is miscellenous application?

An application on a certain aspect in an ongoing trial or on its own. Its a side issue on something
out the main suit, ie if lost file
79.Btwn LSA and Civil procedure rules which deals with succession matters and why?
The LSA. S.2(1) states that LSA shall have universal applications to all cases of testate and
testementary succession of all estates of deceased who died after commencement of the act
(1981).It also repealed all other acts before it.

80. Your client has been arrested at hardy police station... How do you proceed. Assuming
There is no charge sheet. How do you know he is arrested, which document?
Occurrence Book

Panel 1
Herbert
81.There’s a contractor and a tenderer. They agree that the tenderer is to pay upon
completion or satisfaction. Contractor finishes and the tenderer writes a cheque but it’s
denied for lack of funds. In his defense he says that it’s because the contractor hasn’t done
a proper job. You are acting for the contractor, what application do you make?

Kungu
82.Two ways of writing a legal opinion.

83.Difference between substantive and procedural in relation to judgements.

84.Passive and Active voice.

*Anastasia*
85.A deceased person died in Kenya but has a house and car in the UK... He also had a
house and car in Russia... Explain the procedure you will use to get the properties..
Sealing of property
Sec 77, 42 p&a deposit at high court
86.Which forms do use when applying for letters of administration...
*Dr kimari*
87.Difference between counterclaim and set off

Set Off Counterclaim

Def: A monetary demand made by the Def: a claim made to offset another claim,
defendant against the plaintiff that is based especially one made by the defendant in a
on some transaction or occurrence other legal action.
than the one that gave the plaintiff grounds
to sue.

Its A shield in law Its a weapon in law

88.Difference between retrenchment and layoff...(LPM)

The biggest difference between layoff and retrenchment is that a layoff is volatile in nature. In
layoffs, employees will be recalled once the layoff period ends. On the other hand, retrenchment
is non-volatile in nature and involves the full and final termination of services.

A layoff does not involve the termination of the employment agreement, since it refers to a
temporary situation where an employee on a particular type of contract does not receive paid
work for a period of time. The employee stays an employee but is not receiving work that would
entitle them to get paid.

Anastacia and Konuche(panel 3)

*Anastacia*
89.What did your group present on probate in class. Tell us the procedure of objection
Sec 68 and 69
Objector files notice of Objection
File an answer to the application ands a cross application

90. At what point can one apply for a revocation of grant.

At any point, whether confirmed or not.

100.Case scenario on revocation of grants. I have applied to the court for revocation of a
grant issued to my Mum on the estate of my Dad on the ground that I was left out. What
orders will the court grant me.
Revocation or annulment, under sec 72> Material Concealment , untrue allegation or fraud
Form 80 Petition for letters of adm, intestate
Form5 Affidavit in support of intestate
Form 38 Consent for making
Form 41 Grants of letters of adm intestate

Form 45 Grant of probate of a written will

Form 3 Affidavit with will annexed

Form 42 for Grant of probate of terms of Oral will annexed

Form 43 Grant of probate of will annexed

*Konuche*
101. Two clients walks into your office one who wants to sell land and the other is ready to
purchase. Tell us the process from the beginning to registration of the transfer

Herbert and Keli*

*Herbert*
102. A client approaches you. Telling you that he was a director of a company, the other
directors ousted him.
While he was still a director, they used to share profits with the other directors but since he
was removed, he doesn't get share of the profits anymore.
He has since learnt that the remaining directors are dealing with the company such that
they are even disposing off the companies assets. Advice him.

103. A seller have sold goods.

The buyer is in possession of goods but he haven't paid for them.
104.The buyer becomes insolvent.
What can the seller do.

*Keli*
105.She gave a scenario which translates to unfair termination.
So the question was what are the remedies available to such an employee.
Sue employer to seek for compensation,ELRC Mediation by labour officers, Use union
Depending ok contract
106. How the court will calculate damages in such a case.
107. Fair trial
108. The doctrine of timely and speedy justice
109 Article 41 (COK)
110 Elements of a valid will
111. Whether two people can have a joint will. Explain
112. The position of joint property is succession.
Survivorship.
Land act- can only be between married couples

Diff between common and joint

I've been asked by Mwaniki and Mongare
113. What is inherent jurisdiction
114.What are the unlimited rights
115. Order 11
116. A scenario where a woman has moveable and immoveable property in Kenya and
Uganda how to access them
117.The documents for grant of probate
118.REgistration of societies

*Anastacia*
119. What are the contents of an affidavit of means with respect to succession
120. What are the contents of an affidavit where someone wants a grant revoked
121. What are contents of the petition when someone wants grant of letters of
administration
ps: not accompanying documents
😱

*Konuche*
122. Which county do you come from?Who is your MP, Who is your women rep
123. Why was the position of women rep created under the constitution?
124.What opportunities are available for an advocate whose name is entered in the roll of
advocates

Chrispine and Anastasia.

125.Anastasia asked me if we had already presented in class, I said yes. She then asked me
to take them through the work.

Chrispine
126.Which area of law are you going to practice.What are the names of supreme court
judges

127.Disciplinary bodies for advocates.

Panel 1
*Kiguatha*
128.What is power of attorney
Legal instrument where donor gives donee power go act on their behalf
In everyday transactions when is the power of attorney given

129.The qualifications of one to give power of attorney

Sound mind, Lucid moments, 18+,
*Kimari*
130.What is the distinction between limited liability partnership and a company

131.What does the employment act say on sexual harassment

132.What is the difference between an intelocutory injunction and interim injunction

133. Efficiency of technology in an organisation

134. Now that you've mentioned bookkeeping, what is the software used for bookkeeping in
an org.
135. Remedies of a dismissed worker
136. Rights of workers under article 41 of the Constitution and the Employment Act
137. Types of pleas
138.What happens when one pleads not guilty
139.What is plea bargaining
140. Elements of a valid will
141. What is without prejudice and when will it not be privileged.

14.What documents accompany a plaint?

15.What was the last thing you did in probate?
16.Briefly describe how sealing happens?
17.Under what type of property does sealing mostly happen?

18.Remedies for minorites in a company?

19.Types of partnerships and liabilities.
20.Limits on civil cases which a personal respresentative cannot act for the deceased
21 Parts of an employment contract.
22.Ways of resolving a civil dispute.
23.Names of my lecturers.
Panel 4 Kimari and Mwaniki.
24.Types of special grants
25. Principles of procurement
26.Defamation being a crime
27.Service outside Kenya (UK)

Panel 3: Christine and Anastasia

28. A scenario on affidavit of service

29 Contents of affidavit of service
30. Laws governing affidavit of service
31. Scenario on advocate-client privilege
32. Persons in s. 29 of LSA
33. Distinguishing element in s. 29
34. If a step-child can gain from the estate of the deceased
*Before Mr. John Oriri and Mr. Samuel Akhwale (panel 4)*

*Mr* . *John* *Oriri* :

1. Which class are you?
2. where do you usually sit in class?
3. what did we learn in our last class?
35.What is Champerty?..is it legal?
36. What is touting?..where is it provided for?
37. Is marketing by advocates prohibited?, Under which statutes?
.

*Mr* . *Samuel* *Akhwale*

1. Do you follow current affairs?

2. Do you know Kenneth Matiba?
3. Give me an explanation about him?
4. After his demise, assume his family members approach you, give me 3 best facts you
would rely on in pursuing your case?
5. Under which law would you file the case under and in which division?
6 Considering lapse of time ( let's say it's 20yrs)..how would you proceed?
7. Assuming you're now ready to proceed with the opening statement, give us a theme from
the facts you would rely on?

*Malowa and Wanza*

38.A law firm takes 3 forms, state them.
39. Difference btwn an LLP and an ordinary Partnership.
40. Policies in a law firm
Meaning of a fiduciary relationship.
41 Why did you take law?
Which advocate inspires you?
42 Duties of an advocate, which duty ranks high?
43 Have you interacted with any of us? Where?
Principles of procurement

*Panel 3 Ann Konuche / Mutoka.*

*Mutoka*

44. What is franchising.

45 Advantages of franchising.

*Konuche*
46.Represent the buyer and seller in a transaction for the purchase of land.(due diligence)
47.Completion documents.
Panel 4 students, heads ups for the following questions I was asked today:

*Oriri and Akhwale*

48What is ethics?
49.Why is it relevant to Law or offered in KSL?
50.What is a profession?
51.What is the difference between a profession and business?
52. Do you follow current affairs? Tell us which ones.
53. Are you familiar with the Jacquie Maribe case? What would you use as a defense for
her?
54. What points would you use to persecute her for being an accomplice to murder?

Before Mutoka and Konuche

55.Art 10 CoK
56.Oxygen principle
57.Which court has jurisdiction on family matters (divorce probate and adoption)
58.When someone is to court but does not take plea but police officers ask court to detained
for some days is it against yours rights?
59. Guiding principles in the CoK
Administrative justice
Mongare mwaniki

60.Factual scenario: how do you deal with a client who comes to you with a civil matter
from the beginning to the end.
61. probate.. Factual scenario Access of funds for school fees
62. conveyance; What's the difference btn a charge and a mortgate
63.what do you understand by the following; CGT, stamp duty and who pays for them

Kelly and Herbert

Herbert.
64.How do you make an application garnishee proceedings .
65.where is it provided in the civil procedure .
66.What's the essence of signing a demand letter?
67 Assume you're acting for a pauper how do you make the application .
68.Comment on the doctrine of indoor management.

Kelly.
69.What did you do on your LPM project .Take us through chapter four.
70. What is fair trial.
71.How do you ensure there's confidentiality of a client in am office.
72. Clauses in a contract
*Laibuta and Owino*

73. Without prejudice phrase

74. Nolle Prosequi

75. Difference between a ruling and a judgment.

76 How many Articles and Schedules does the constitution have?

77. Article 26

78.What is miscellenous application?

79.Btwn LSA and Civil procedure rules which deals with succession matters and why
80. Your client has been arrested at hardy police station... How do you proceed.
Assumingvthere is no charge sheet. How do you know he is arrested, which document

Panel 1
Herbert
81.There’s a contractor and a tenderer. They agree that the tenderer is to pay upon
completion or satisfaction. Contractor finishes and tenderer writes a cheque but it’s denied
for luck of funds. In his defense he says that it’s because the contractor hasn’t done a
proper job. You are acting for the contractor, what application do you make?

Kungu
82.Two ways of writing a legal opinion.

83.Difference between substantive and procedural in relation to judgements.

84.Passive and Active voice.

*Anastasia*
85.A deceased person died in Kenya but has house and car in the UK... He also had a house
and car in Russia... Explain the procedure you will use to get the properties..

86.Which forms do use when applying for letters of administration...

*Dr kimari*
87.Difference between counterclaim and set off

88.Difference between retrenchment and layoff...(LPM)

Anastacia and Konuche(panel 3)

*Anastacia*
89.What did your group present on probate in class. Tell us the procedure of objection
90. At what point can one apply for a revocation of grant.
100.Case scenario on revocation of grants. I have applied to the court for revocation of
grant issued to my Mum on the estate of my Dad on the ground that I was left out. What
orders will the court grant me.

*Konuche*
101. Two clients walks into your office one who wants to sell land and the other is ready to
purchase. Tell us the process from the beginning to registration of the transfer

Herbert and Keli*

*Herbert*
102. A client approaches you. Telling you that he was a director of a company, the other
directors ousted him.
While he was still a director, they used to share profits with the other directors but since he
was removed, he doesn't get share of the profits anymore.
He has since learnt that the remaining directors are dealing with the company such that
they are even disposing off the companies assets. Advice him.

103. A seller have sold goods.

The buyer is in possession of goods but he haven't paid for them.
104.The buyer becomes insolvent.
What can the seller do.

*Keli*
105.She gave a scenario which translates to unfair termination.
So the question was what are the remedies available to such an employee.
106. How the court will calculate damages in such a case.
107. Fair trial
108. The doctrine of timely and speedy justice
109 Article 41 (COK)
110 Elements of a valid will
111. Whether two people can have a joint will. Explain
112. The position of joint property is succession.

I've been asked by Mwaniki and Mongare

113. What is inherent jurisdiction
114.What are the unlimited rights
115. Order 11
116. A scenario where a woman has moveable and immoveable property in Kenya and
Uganda how to access them
117.The documents for grant of probate
118.REgistration of societies

*Anastacia*
119. What are the contents of an affidavit of means with respect to succession
120. What are the contents of an affidavit where someone wants a grant revoked
121. What are contents of the petition when someone wants grant of letters of
administration
ps: not accompanying documents
😱

*Konuche*
122. Which county do you come from?Who is your MP, Who is your women rep
123. Why was the position of women rep created under the constitution?
124.What opportunities are available for an advocate whose name is entered in the roll of
advocates
Chrispine and Anastasia.

125.Anastasia asked me if we had already presented in class, I said yes. She then asked me
to take them through the work.

Chrispine
126.Which area of law are you going to practice.What are the names of supreme court
judges

127.Disciplinary bodies for advocates.

Panel 1
*Kiguatha*
128.What is power of attorney
In everyday transactions when is the power of attorney given
129.The qualifications of one to give power of attorney
*Kimari*
130.What is the distinction between limited liability partnership and a company

131.What does the employment act say on sexual harassment

132.What is the difference between an intelocutory injunction and interim injunction

133. Efficiency of technology in an organisation

134. Now that you've mentioned bookkeeping, what is the software used for bookkeeping in
an org.
135. Remedies of a dismissed worker
136. Rights of workers under article 41 of the Constitution and the Employment Act
137. Types of pleas
138.What happens when one pleads not guilty
139.What is plea bargaining
140. Elements of a valid will
141. What is without prejudice and when will it not be privileged.

ORAL GROUP TRAINING QUESTIONS.

Set 1
1. Difference between verifying, replying and supporting affidavit?
^ Verifying affidavit
It states that the averments made are true.
It is used to verify the Plaint.

^ Replying affidavit
To counter what has has been stated in the supporting affidavit.
They are filed in response to the facts raised in the supporting affidavit.

^ Supporting affidavit
It adduces evidence.
It’s used also in Notice of motion, Chamber Summons, Originating Summon, Bankruptcy
Petition...

^ Supplementary affidavit
It supplements.
It avers additional facts to the replying affidavit.
One files a supplementary affidavit to the court to enable you to add new information.

^Affidavit of discovery.

2.What are representative suits

Order 1 Rule 8 CPC
A representative suit is a suit filed for or against one or more persons on behalf of themselves
and others having the same interest in the suit.
They must share a community of interest in the subject matter of the suit.
It is intended to prevent a multiplicity of suits by such a huge number of interested persons.
Rule 8 ordains in mandatory terms that notice of the suit must be given to all persons on whose
behalf or for whose benefit a suit is instituted or defended.
such notice shall be given either by personal service or by public advertisement in cases where
the number of persons or any other cause such service is not reasonably practicable.
Lo o *Public advertisement must disclose the following*
the nature of the suit
the reliefs claimed
information that the persons interested may apply to be made a party in the suit and may
prescribe time within which the persons interested may so apply.
declaration that it has been issued pursuant to the order of the court citing the date and the
judicial officer who issued it for better grounding.

3. What is the turquand rule

Also known as the indoor management rule. It is a doctrine that implies that persons who are
dealing with a company once they have satisfied themselves that the transaction is not
inconsistent with the articles and memorandum of association are not expected to inquire into the
regularity of internal procedures of the company to enforce the contract.
It was established by Lord Hatherlyin in the case of Royal Bank v Turquand. In this case, the
company had received a loan of £2000 and subsequently issued a bond; signed by two directors,
under its common seal agreeing to repay the loan. The articles of the company had stipulated that
the directors may borrow on bond such sums as long as it is passed by a general resolution of the
members of the company, a requirement that hadn’t been fulfilled in this situation.
Nonetheless, the Court of Exchequer held that the bond was binding on the company because
the lenders were entitled to presume that a resolution had indeed been passed thus no need for
enquiries as to the internal procedures.

4.What are the various ways of attacking a plaint

1.Traversing
This is where a defendant denies the allegations stated in the plaint and welcomes the plaintiff to
strict proof thereof
2. Admitting
Defendant admits to the allegations in the plaint
3. Confession and avoidance
Defendant confesses to the allegations so as to avoid legal Implications that come with it
4. Raising a point of law
When a certain procedure or law has not been followed you the matter cannot be heard until it is
addressed
5. Counterclaim.
It acts as a shield and a sword. Shield yourself from the plaintiffs allegations and attack as
counterclaim.
A counterclaim is a claim made to rebut a previous claim.
6. Request for further particulars.
7. Set off
You don't deny the allegations but challenged the liability posed against you by the plaintiff.

5. What is the nemo dat principle

Principle loosely translating to no one can give what they don't have.
Found in section 23(1) sale of goods Act cap 31 which states that a person other than the owner
who sells goods without consent or authority of the owner passes no better title than he himself
possesses.
Exceptions
1.Estoppel
2.sale by an agent
3.sale under special powers of sale i.e statutory power of sale
4.sale in a market overt
5.sale under voidable title
6.resale by seller in possession
7.resale by buyer in possession
8.sale after delivery of writs of execution
Provided the buyer acquires them in good faith and without notice of the defect of seller's title

6. How do you become a member of a company

Section 28 (1) and (2) of the company’s act states that one can become a member of a company
as follows :
(1) Subscribers to the memorandum of a company shall be deemed to have agreed to become
members of the company and upon registration of the company , their names shall be entered
into its register of members.
(2) Agreeing to becoming a member of a company and having your name registered in its
register of members
7. Remedies in a contract
*1.Common law/ legal remedies*
Damages
Repudiation
Quantum meruit

*2.Equitable remedies*
Specific performance
Injunction (Giella v Cassman brown case, Temporary injunction)
1. Prima facie case with a high possibility of success
2. Applicants will suffer irreparable injury which would not be adequately compensated by
an award of damages if the order is not granted.
3. Balance of convenience in favor of granting or declining the injunction
4. Judicial discretion
Rescission
Damages(pecuniary damages
Minor forms of equitable relief- Restitution, rectification

● 8B Types of injunctions

A preliminary or temporary injunction is a provisional remedy that is invoked to preserve the

subject matter in its existing condition. Its purpose is to prevent dis-solution of the plaintiff's
rights. The main reason for use of a preliminary injunction is the need for immediate relief.
Preliminary or temporary injunctions are not conclusive as to the rights of the parties, and they
do not determine the merits of a case or decide issues in controversy. They seek to prevent
threatened wrong, further injury, and irreparable harm or injustice until such time as the rights of
the parties can be ultimately settled. Preliminary injunctive relief ensures the ability of the court
to render a meaningful decision and serves to prevent a change of circumstances that would
hamper or block the granting of proper relief following a trial on the merits of the case.
A motion for a preliminary injunction is never granted automatically. The discretion of the court
should be exercised in favor of a temporary injunction, which maintains the status quo until the
final trial. Such discretion should be exercised against a temporary injunction when its issuance
would alter the status quo.
Preventive Injunctions An injunction directing an individual to refrain from doing an act is
preventive, prohibitive, prohibitory, or negative. This type of injunction prevents a threatened
injury, preserves the status quo, or restrains the continued commission of an ongoing wrong, but
it cannot be used to redress a consummated wrong or to undo that which has already been done.
Mandatory Injunctions Although the court is vested with wide discretion to fashion injunctive
relief, it is also restricted to restraint of a contemplated or threatened action. It also might compel
Specific Performance of an act. In such a case, it issues a mandatory injunction, commanding the
performance of a positive act. Because mandatory injunctions are harsh, courts do not favor
them, and they rarely grant them. Such injunctions have been issued to compel the removal of
buildings or other structures wrongfully placed upon the land of another.
Permanent Injunctions A permanent or perpetual injunction is one that is granted by the
judgment that ultimately disposes of the injunction suit, ordered at the time of final judgment.
This type of injunction must be final relief. Permanent injunctions are perpetual, provided that
the conditions that produced them remain permanent. They have been granted to prevent blasting
upon neighboring premises, to enjoin the dumping of earth or other material upon land, and to
prevent Pollution of a water supply.

8. How do you serve a foreigners

The process is found under Order 5, rule 29 of the Civil Procedure Rules.

After obtaining leave to serve a notice of sermons in a foreign country, the notice must be sealed
with the seal of the H/Court of Kenya.

After that, it's forwarded by the Registrar to the CS in charge of Foreign Affairs together with a
copy of the translated version in the language of the country in which service is to be effected.

The same is accompanied with a request for further transmission of the notice through the
diplomatic channels to the govt of the foreign country in question. This request is in Form No. 7,
Appendix A.

An official certificate or a declaration upon oath thereafter is transmitted through diplomatic

channels from the govt or court of the foreign country to the HCourt will be evidence of service
of Summons to the defendant.
If it however declares that efforts to serve the notice of Summons were unsuccessful, the
plaintiff, through an ex parte application, could obtain orders for substituted service of notice as
under Form 9, Appendix A.

9. Difference between special damages and general damages

General damages are damages awarded for things that do not come with a price tag; not
quantifiable e.g. pain and suffering

Special damages are damages awarded for financial losses incurred that directly result from an
action or injury e.h. medical bills. They must be proven.

10. Difference between a set off and counter claim

A counterclaim is essentially a cross-action where a defendant in a suit would respond to a plaint
by the plaintiff with a separate claim independent of the plaintiff's

A set-off on the other hand is a claim set up against another, where it essentially offsets the
original claim made. For instance, where there are mutual debts between the plaintiff and the
defendant, one debt may be settled against the other, usually resulting in the plaintiff's claim
being reduced in a suit for recovery of money.

11. What is a garnishee proceeding

Garnishee proceeding is a process of execution against a judgement debtor whose money is in
the hands of a third party/garnisher(eg a bank) in order to attach the money instead to the
judgement creditor.

12. What is an Order Nisi?

Is a court order that will come into force at a future date unless a particular condition is met.

****Decree nisi and decree absolute

The decree nisi is a provisional decree of divorce pronounced when the court is satisfied that a
person has met the legal and procedural requirements to obtain a divorce. Following the
pronouncement of decree nisi, the marriage still exists and you are not yet ‘divorced’.
After a successful Divorce petition, a Decree Nisi is thereafter issued after judgment.
A Decree Nisi is a court order that states that the marriage has been dissolved by the court after
the said court being satisfied that the Petitioner has proved the grounds of divorce pleaded by the
Petitioner and that the Petition has not been presented or prosecuted in collusion with the
Respondent and a further condition that the Petitioner has not condoned the acts of cruelty,
adultery etc. as pleaded in the Petition.
The Decree Nisi is later made Absolute (final) within ONE (1) MONTH from the date of
issuance of the Decree Nisi. This one month is time to raise any appeal or review.
A Decree Absolute is the last document issued to finalize the Divorce. It is the final stage of the
divorce proceedings and confirms the dissolution of the marriage. This is a final order prepared
by the Petitioner for signing by the judge. Now the divorce is final.

Opening statement and closing argument.

Criminal-
(Sec 300 of the CPC, eight to begin by the prosecutor, 307 says that after the prosecution has
presented the case,
Sec 213- subordinate and HC same procedure
the defence goes next Practice notes 2008-Expeditious Disposal practice notes, Rule 12 states
that all courts are encouraged to all parties to exchange summary of cases and evidence to be
adduced by each as well as written opening statements)

Civil- order 18 rule 2(1) part having the right to begin shall state case

Steps of writing opening statement:

1. Introduce yourself and your colleague.
2. Case theme, what are we doing?
3. Case theory- Facts and be persuasive
4. Show the evidence you will rely on
5. Good fact bad fact
6. Prayer
Sample:
Prosecution
May it please the court, You honor I am Hussein Yasin, the prosecutor and on the defence side is
Ms. Ndung’u for the defendant. We are here today for the trial of Mr. Desmond Peter. This is a
case of robbery under sec 295 of the penal code. Your honour the City of Hippo and in particular
the Municipal market has in recent times been marred by insecurity.
On the evening of 1st May of 2009, at around 5 pm Ms. Louisa Singano and her sister Theela
Singano were shopping at the Municipal Market. After they were done shopping they noticed
two young boys following them, once they reached Browns road a young man informed them
that they were being robbed and to their dismay when they turned around Louisa found her bag
being torn using a razor blade. She saw two boys running away, the boys were clad in brown
pants and one had a white shirt and the other a blue tshirt.
Luckily one of the traders Mr Mohammed was able to subdue one of the accused. Your honor
that accused happens to be present in the court today. (points to the accused) There is a need to
ensure there is safety for all citizens to freely shop in the market. In the course of the trial, we are
going to prove the ingredients of robbery. We have reliable witnesses, lined up will that include
Persons present at the scene, chataterter witnesses and investigative officers. Your honor, despite
the fact that Louisa was not able to get a glimpse of the accused person, luckily he was
immediately apprehended and she identified him immediately. The prosecution intended to prove
that the accused indeed had the intention. Your honor we pray at the end of this trail, the court to
give a verdict of guilty.

Defence.
May it please the court, Your honour, I am Aisha Ndung’u, counsel for the defendant, and for the
prosecution, is Mr. Yare. We are here today for the defence of the accused, Mr. Desmond Peters
of the charges of robbery levied against him. Your honor, this is a case of mistaken identity. My
client works as an advertiser to his uncle, Joseph Peter who is a petty trader who sells second
hand clothes. On that evening, as My client was going about his business, he saw one young boy
pass a bag to another and the young boy started running. To his shock, my client was
apprehended by Mr. Mohamed. My client and mr mohamed work in the same market, and they
had an unresolved dispute, where mr mohamed threatened to arrest my client the day before the
robbery. Your honor, we intend to prove that indeed at the heart of this mistaken identity case, is
the grudge between him and Mr. Mohamed, who apprehended him. By the end of our case, we
shall prove that The accused is innocent of the charges. We intended to rely on credible
witnesses who were present at the scene. One witness, Mr Edwin Kwaza avers that the robbers in
question were wearing different clothes than those of the accused, and that the accused was not
one of the robbers.(eyewitness evidence) He will further testify that the stolen item was a plastic
bag and not a purse, and that Mr Mohamed and the accused have an unresolved dispute. Despite
the victims identifying my client, once he was arrested, they were not 100% sure that he was the
robber. Furthermore there is no physical evidence linking the defendant to the crime, and hence
this crime cannot be proved beyond reasonable doubt. Your honor, we pray for the defendant to
be acquitted of all charges.

OPENING FOR FAITH MWENI

Faith Mweni
If it pleases your honour, My name is Wamboi Ndung’u and I appear for the Applicant Faith
Mweni in this matter. Mr. Hussein appears for the Respondent. the matter is coming up for
hearing. Your honour, this a case of a good man turned bad/ clear exploitation.
You honour Faith Mweni, the Applicant, is a 35 year old mother of 3. She has been married to
Alphonse to the last 12 yrs. she has been a faithful wife throughout their marriage. She has been
a dedicated wife who has made it her life’s goal to contributed enormously to the welfare of the
family both financially and emotionally. To prove that the applicant was married to Alphonse,
your honour, we will rely on the sworn statement of Mzee Nyamai who is an expert in Kamba
customary marriages. He was part of the panel of wazee who were negotiating with the grooms
side. Secondly to prove that Faith Mweni contributed to the purchase and development of the
property we shall rely upon the testimony of John Obama who was asked by Alphonse to help
with with some construction in a shamba that Faith and Alphonse bought together, through the
trial the defendants will try to depart the relationship between Faith and Alphonce as a brief
sexual liaison, however, we will demonstrate to the court through our witnesses that the 2 were
indeed married and had 3 children during the subsistence of their marriage.
Your honour, we pray that the court declare;
1. That she is a spouse
2. That the property is matrimonial property
3. That the law apportions the Applicant her equitable share of the farm
4. Lastly, that the court blocks her eviction from the farm

Opening statement for Alphonce Muoki

May it please your court, My name is Hussein Yasin and I appear for the defendant, and my
colleague is Ms. Wambui Ndung’u who appears for the plaintiff. Your honor, the gist of this
matter is that the applicant is indeed a tenant and was at no time married to the defendant..
Your honor, in 2006, the defendant through hard work and dedication purchased a piece of
Shamba from a friend using his own funds and a bank loan. My client, being a responsible father
and not one to abandon his paternal responsibilities, offered to provide for the petitioner and their
child Sebastian. The defendant provides for the petitioner and their son by allowing them to stay
in his shamba briefly after the petitioner lost her job. My clients humanitarian nature, which is
now his downfall, was thus abused
We intend to provide Title deeds and copies of the sale agreement of the shamba, which prove
that My client is the sole owner of the piece of land. We shall also rely on credible witness
statements from Charles Muema, who was the initial owner of the land and Alice Gachungwa,
the defendants legal wife.
Through the trial, the plaintiff will claim that She is married to the defendant via customary law
but we retaliate that the defendant only had a brief sexual liaison with the plaintiff, which
developed to a tenancy-landlord relationship.Faith Mueni’s case, Faith Mueni’s advocate may
highlight “My Lord, the other side may try to allude to the fact that my client does not have her
expense diary to prove that she was indeed taking care of the household and farm expenses.
However, in as much as that is true, Alphonce intentionally took the diary to avoid being
accountable.”
We pray that the court dismiss this frivolous, vexatious application with cost and uphold the
legal eviction of the plaintiff from the farm.

Closing arguments.

Layout: Issue, the law, analysis of facts/evidence, conclusion

Criminal trial.
City of Hippo V Desmond Peters
Your honor this is a close and shut case of robbery. Through the trial, we have proved, beyond
reasonable doubt, that the accused is guilty of robbery. We have been able to adduce both his
mens rea and actus reus. To break it down simply, the prosecution has shown that indeed the
accused stole a purse and snatched the purse away from the witnesses after cutting it with a razor
blade.
your honour, in the course of the trial we have been able to conclude the following facts:
1. Credible witnesses who placed the accused at the scene of the crime.
2. Mr said Mohammed, a community champion who immediately apprehended the accused
3. A positive identification of the accused immediately at the crime scene in the presence of
police officer Thomas Phiri.

Your honor, through the trial, it has been clear as day that the accused is a petty thief, who
happened to be around the crime scene at the time of the robbery. As the prosecution, we believe
that indeed we have captured the real robber. The prosecution is interested in ensuring that our
markets are safe for all and sundry. For the protection of the greater public, it is important to
eliminate threats to safety and security such as the accused.
We pray that the court finds the accused guilty of the crime of robbery and sentences him as the
court deems fit.

Closing arguments for Desmond Peters.

( refer to your client/ 12 year old orphan)
May it please the court, this is a clear case of mistaken identity. The defence has put forward its
best foot by showing through the trial that indeed my client is not guilty of the crime of robbery.
The prosecution has failed to discharge its burden and prove that my client is guilty of robbery
beyond reasonable doubt. The defence, through the trial has proved that:
1. My client/ Desmon Peters was inaccurately identified by the witnesses
2. My client/ Desmond Peters was apprehended by a witness who was bias and was settling
a personal score. The same witness attested that he found the accused in a relaxed state
going about his business
3. My client/ Desmond Peters was alleged to have stolen a purse, but witnesses present at
the crime scene stated that it was a plastic bag.
4. Furthermore, during the trial the prosecution has failed to show that Desmond Peters was
in possession of the stolen items.

Your honor, the accused has maintained his innocence throughout the trial. The defense has
indeed shown that Said Mohamed, a key prosecution witness, had a personal vendetta to settle
with Desmond Peters and had previously threatened jail term. We further infer that despite my
client providing an alternative suspect in his testimony Mole, the prosecution took no steps to
investigate the lead. Your honor we believe the charges against my client are malicious and bias.
With malice toward none, with charity for all; with firmness in the right, this Honourable court
should acquit my client for lack of evidence of the alleged crime.
Closing Arguments

Faith Mueni

May it please the court, Your honor, this is a clear case of exploitation and evasion of spousal
responsibility.

Throughout the trial:

1. The plaintiff called on an expert witness who demonstrated the existence of a valid
kamba customary marriage.
2. During the course of the marriage, the plaintiff bore three children on behalf of the
defendant.
3. The plaintiff has also proven both monetary and non-monetary contribution as per Sec 2
of the matrimonial property act.
4. The plaintiff has also shown how she supported the family while the defendant paid off
the loan, and hence directly contributed to the purchase of the land.

Your honor, we infer that the defendant is evading his spousal and parental responsibilities. He
has taken active steps to discredit the plaintiff by hiding her journal book. He is also attempting
to deny the plaintiff of her equitable right to the matrimonial property after trading her in for a
younger wife.

Your honour, Matrimonial laws in Kenya exist to protect vulnerable women and children.
Marriage is sacrosanct, and as such we should not easily encourage any spouse to evade their
moral and legal responsibilities. As such, we pray that the court finds an existence of valid
marriage between my client and the defendant, declare her equitable entitlement to the shamba
and stop the pending eviction.

Alphonce Muoki

Your honor, this is a clear case of tenancy

July 2015
Number 1- Opening Statement.

May it please the court, My Name is Mandela appearing for the petitioner, Ms.Holmes of Udaku
estate and my colleague is Mr. Wachira for the respondent Music loud limited. (add more
counsel for the 2, 3, 4, respondent)
Your honor, put simply, this is a matter of Nuisance and Noise Pollution. The residents of udaku
estate have been severely affected by the loud and incentive noise that has been emanating from
the respondents bar. This music your honor has caused our clients, who include young school
going children, sleepless nights. Your honor sleep is a primarily primal need by every human
being. It aids in brain development, productivity, mental health and is more so vital for young
school young children. Your honor the first respondent, despite polite requests from our clients
have adamantly ignored the requests. The second, third and fourth respondents have failed to
take any action against the first respondent despite formal attempts for redress by our client.
Your honor, the constitution, under article 42has recognized the right of each citizen to enjoy a
clean and healthy environment, this includes an environment free from noise pollution.
Furthermore , Article 47 empowers the 2,3 and 4th respondents to take fair administrative action
which is expeditious and lawful to all citizens.

Your honor, through the trial, we will adduce evidence to prove how the first respondent
recklessly infringed on the rights of the residents by playing loud music at odd hours of the
evenings. We shall also demonstrate to the court how the 2,3&4 th respondents neglected
complaints and petitions by the residents to put a stop to the pollution.
Your honor, the 1st respondents, thought the trial, will depict themselves as legitimate business
that is licensed however, nothing could be further from the truth. We will prove that indeed they
unequivocally admitted to playing loud music and have conducted themselves recklessly,
negligently and have indeed ignored their duty of care to their neighbors.
Your honor, for the 2,3&4th respondents, we intend to show that they sat by and did nothing as
the 1st respondent breached Numerous environmental laws. and regulations. indeed nothing they
say would relive them from their constitutional, statutory and moral obligations.
May it please the court, we seek:
1. An order permanent compelling the 1 at respondent from playing loud music at wee
hours of the night.
2. An order compelling the 1st defendant to install sound Proof gear, to stop noise pollution
at all time.
3. A declaration that 2,34th defendant have abandoned their obligations
4. General Damages awarded to our client and costs

What kind of questions do you ask in examination in chief?

a) One fact non- leading questions
b) 5W’s and 1 H
c)

Set 2
1. What are shares?
A share is an indivisible unit of capital, expressing the ownership relationship between the
company and the shareholder. Share is a unit of ownership, entitled claim of profit and loss in a
company.
Means Interest;
a. Conferring aright to share in the profit or liability to contribute to the losses, of the
undertaking; or
b. giving rise to an obligation to contribute to the debts or expenses of the undertaking in the
event of a liquidation
2. Types of shares?
1. Ordinary shares
Most companies only have one kind of shares, called ordinary shares. Ordinary shares represent
the company’s basic voting rights and reflect the equity ownership of a company. Ordinary
shares typically carry one vote per share and each share gives equal right to dividends. These
shares also give right to the distribution of the company’s assets in the event of winding-up or
sale.
The rights attached to ordinary shares are generally defined in the Articles of association of the
company and/or in the shareholders agreement.

2. Deferred Shares
Deferred shares carry fewer rights than ordinary shares and can include:
shares in which dividends are only paid after all other classes of shares have been paid
shares in which dividends are only paid after a certain date or event
shares that are not tradable until a certain date - such shares are usually issued to employees in
order to give them a long term interest in the company and to increase their loyalty, or
shares which, in the event of insolvency, do not give their holders any rights until all other
shareholders are paid.

3. Non voting shares

Non-voting shares do not give the holder any voting rights in the company. This means that the
holder is entitled to a portion of the company’s capital, but is not able to take part in its general
meetings.

Non-voting shares are mostly issued to employees or to family members of the main
shareholders. This class of shares allows the main shareholders to retain control of the company
whilst multiplying the number of shareholders.

4. Redeemable shares
Redeemable shares are shares that can be bought back by the company at some point in the
future. The redemption date can either be fixed in advance (eg 3 years from the date the share is
issued) or decided at the company's discretion. The redemption price is usually the same as the
issue price, but not necessarily.

Shares given to employees are often redeemable, so that the company can get its shares back if
the employee leaves. However, the ability to redeem shares is limited and is subject to specific
statutory requirements. For instance, the company may only redeem the shares out of
accumulated profits or the proceeds of a new issue of shares.
Preference shares give their holder a preferential right to a fixed amount of dividend, meaning
that they will receive dividends ahead of ordinary shareholders. Preferred shareholders also have
a higher priority claim to the company’s assets in case of insolvency.

Because this class of shares carries many benefits and guarantees, it is mostly issued to investors,
for example to venture capitalists, who invest in startups. However, preferred shareholders do not
have the same ownership rights in the company as ordinary shareholders; they are often non-
voting and sometimes redeemable. Redeemable preference shares are a common way of
financing a business. They allow a company to repurchase its shares in the future (eg if interest
rates fall and the company wants to issue new shares with a lower dividend rate), while giving
investors the possibility to get their money back at a pre-agreed price.

Management shares.
Management shares give their holders extra voting rights at the company’s general meetings (eg
two votes for one share). Such shares are often used to enable company directors to retain control
of the company in the event of shares being issued to outside investors
3. Someone has been arrested in Mandera, he appeared before you and he wants to be released.
What does that person want actually?
Bail
4. What factors would you consider before granting what he wants?

Factors to consider:
I. If the person is a flight risk
2. If the person will interfere with evidence
3. If the person will interfere with witnesses.
4. Whether the person arrested has jumped Bail before.
5. Whether the person arrested poses threats to the witnesses, whether perceived or informed.
6. Whether the accused's safety is an issues.
7. Strength of the prosecution
8.
(Will attend trial whenever needed/National Security)
****R v Danson Mugunya- Capital offenses are bailable

****Mohamed Abouth Rogo V R- National security as a factor to consider

5. An old man has died in Mandera; he has left behind two wives and 8 children how will that
property devolve.
if there's a will, property to be shared as per testator's wishes if the will is valid.In the absence of
a will or in the event of invalidation of the will,rules of intestacy apply.Section 40 LSA is the
applicable provision.property to be shared according to number of units,so each house to get
according to the number of children,eg if house A has 3 children and house B 5, property to be
shared in the ratio of 4:6.
Illustrative case,Catherine Mbauni v Gregory Maina Mbauni

6. Am a tenant. I have paid ksh 5000 rent.The landlord comes and breaks the door.Where do I
go and for what remedies?
Since the Rent Restriction Tribunal restrictions it is 2500.magistrate court will be the place.
a.A tenant may seek compensation for damages he has occurred
b. The tenant may seek to be reinstated back to the premises
7. What is an ombudsman?
Ombudsman is a constitutional commission established under Article 59(4) of the Constitution,
and the Commission on Administrative Justice Act, 2011.

The mandate of Office of the Ombudsman is two-fold, and extends to both national and county
governments.

Firstly, the Commission has the mandate of tackling maladministration (improper

administration) in the public sector. In this regard, the Commission is empowered to, among
other things, investigate complaints of delay, abuse of power, unfair treatment, manifest injustice
or discourtesy.

Secondly, the Commission has the mandate of overseeing and enforcing the implementation of
the Access to Information Act, 2016
8. What are Mareva Injunctions?
mareva injunction is a freezing order and is an order restraining or enjoining a person from
dissipating an asset directly or indirectly.

the grant of a freezing injunction is governed by principles quite distinct from those laid down
for ordinary interim injunctions. Before granting a freezing injunction, the Court will usually
require to be satisfied that;-

The Claimant has ‘a good arguable case’ based on a pre-existing cause of action. Prima-facie
evidence

The Claim is one over which the Court has jurisdiction.

The defendant appears to have assets within the jurisdiction.

There is a real risk that those assets will be removed from the jurisdiction or otherwise dissipated
if the injunction is not granted.

The balance of convenience is in favor of granting the injunction.

Set 3
1. What is eminent domain?
Eminent domain(Police power) is the power of the government to take away private rights by
forcing involuntary transfer of their property to the state for the benefit of society.
It's vested in article 40 (2)
The land acquisition act cap 295.
Though the state is mandated to carry out eminent domain reasonable time and adequate
compensation whenever this happens.
2. Recourse when your land has been compulsorily acquired
NLC is to make a prompt award to the person who had the repossessed land. (See Sec. 115 of
L.A)
It is also upon the person to see to it where part of land is acquired, that the acquiring body
through the Commission geo-references the acquired land and produces separate titles for the
repossessed land and remaining land at their own expense.
Interest on the amount payable payable if delayed
Sue the NLC
3. Who does valuation of the land in compulsory acquisition .
Am of the opinion that valuation is done by commissioner of lands (Valuer at the NLC)
Section 10(2) of the Land Acquisition Act
4. Can you arrest a president for overspeeding & hitting a pedestrian?
Article 143(1) the president has immunity in criminal proceedings.
He/she is also exempted from any civil proceedings while exercising powers under the
Constitution.

Over speeding- criminal: immunity

hitting a pedestrian cannot be said to be one of his powers so a tortious claim for damages can be
instituted against him.

Article 143(4) immunity of the president shall not extend to a crime under any treaty to which
Kenya is party and which prohibits such immunity. Ie Rome statue?
So, you cannot charge the president for a crime not unless the specific treaty to which Kenya is
party to prohibits such immunity.

5. Can you arrest a president for committing a crime under international law
Yes, Article 143(4) COK
6. What is a profession?
A vocation requiring advanced education and training.
Or a learned activity that involves formal training but within a broad intellectual context
7. What is the test applied in granting injunctions
The grounds that should be satisfied.
1.That it is a prima facie case with a high probability of success.
2.That there is irreparable injury that cannot be compensated with damages.
3.That there is a balance of convenience in favour of the applicant.
4. Jurisdiction.

8. What is conflict of interest? I

A situation in which the concerns or aims of two different parties are incompatible (competing
interest)
Clause 96 of LSK code of professional standards provides that a conflicting interest is an interest
which gives rise to substantial risk that the Advocate's representation of the client will be
materially and adversely affected by the Advocate's own interests or by the Advocate's duties to
another current client, former client or a third person

9. Two instances of conflict of interest

1.Simultaneous Representation-this where an advocate is representing two clients who happen to
be adversaries in a given suit.
Case -King Woolen Mills v Kaplan & Stratton
2.Successive Representation
This arises in instances whereby, the matters of the former and current client both represented by
a particular advocate are related and the advocate would risk breaching confidentiality by
representing the current client.
3.Issue Conflict
An advocate represents two clients in different cases and arguing a legal position in one which
may have negative consequences for another if the cases are pending in the same court.
4.Expected Witness
Where an advocate is likely to be called as a witness in a case that involves their former clients’
interests, the advocate may be disqualified for acting in that manner. No advocate may appear as
such before any court or tribunal in any matter in which he has reason to believe that he may be
required as a witness.
10. What are interpleader proceedings?
A suit filed by a person holding property being adversely claimed by two or more people
It’s by way of Originating Summons if it’s a fresh suit and by way of Chamber Summons if it’s
made within a pending suit
The applicant must prove neutrality
Provided for under sect 58 of the CPA and order 34 of the civil procedure rules

Qst set 4
1.various ways a company can raise capital.
1. Increasing share capital
2. Debt capital
3. Retaining of earning
4. Bottom line (sell all goods and services for profit to reinvest)
2. Difference between bond and debenture
Bonds are debt security secured by a specific physical asset(s)while a debenture is an unsecured
debt security issued by a company based on the credit rating of the company.
3. Fixed charge and floating charges,what are they & which takes precedence
3. *Fixed Charge*
A legal or specific charge security that is charged on a particular asset of a company
*Floating Charge*
A charge that is attached to assets which may be sold, traded and disposed of in the course of
business operations e.g. stocks
*Preference*
During liquidation the floating charge takes preference over the fixed charge
4.hire purchase agreement under what instances will they not be registered.
5.what is a default judgement and how do you make a temporary judgement final.
Default Judgment is a judgement entered when a Defendant fails to enter appearance by filing a
memorandum of appearance.

A temporary Judgement becomes final when the Defendant doesn’t appear in court to seek the
default judgment be set aside.
If the default judgment was only for a liquidated sum, then after Formal proof of the unliquidated
sum a final judgment will be entered.
6. Difference between statutory declaration and affidavits
An affidavit is a sworn written statement of fact whereas a statutory declaration is a statement of
fact but not sworn.

An affidavit is often signed in front of a notary public whereas a statutory declaration is often
signed in front of an attorney or justice of peace.
7. Your client has called you and is at Langata police station. You go there. Then proceed.
 1. On client at Langata Police Station: I would on phone advise him of his right to remain
silent.
2. I would go there and introduce myself as a lawyer to the detained client and ask to see
him. Ask to see the OB and know what they being charged with
3. I would interview the client and find out the following:
a) What he is being accused of
b) What is his position/version on the matter
c) What possible evidence do they have against him
d) What exonerating evidence does he have e.g alibi
e) Possible witnesses on both sides
From this, I would have an idea of possible defences and advice on how to frame his statement.

I would then ask for police bail for him.

After that, agreement on my fee and we prepare for defence.

8. Penalties given by the Disciplinary tribunal.

1.advocate may be admonished; or (Struck off from roll of advocate)
2.advocate may be suspended from practice for a specified period not exceeding five years;
3.that the name of advocate be struck off the Roll of Advocates;

4. advocate to pay a fine not exceeding one million shillings,

5.such combination of the above orders as the Committee thinks fit.
6.such advocate pays to the aggrieved person compensation or reimbursement not exceeding five
million shillings.
9. A mother and daughter live next to kibera. The daughter is affected by the pollution and gets
ill. The mother comes to you. Advise.

Qst set 5
1. A child is amputated. The father has passed on. They have just applied for grant of letters of
administration but need money for the child to get an artificial leg. There is a land they want to
sell for purposes of getting the artificial leg and to pay school fees with the remainder. How will
you advise them?
I would advise that they apply for a special limited grant.
Specify the necessity the estate will cover
Fill form P&A 85 and P&A 19
Applicants must appear before the judge
2.They tell you that the process of applying for limited grant is expensive and will take time.
They go to another lawyer who comes up with a sale agreement for them. What do you have to
say about that?
If they proceed to sell the land without permission by way of grant or any other written law, they
will be intermeddling with the free estate of the deceased and that amounts to a crime as per
section 45 of the Law of Succession Act.
3.There is a land with wheat. They want to harvest the wheat and sell it so as to pay school fees
for the child. Advise.
First, apply for a Grant ad colligenda bona de functi which allows for harvesting and
preservation of perishable goods of the deceased estate.
They would then apply for a special limited grant in which application they would have to
specify the reasons
4. Define franchise

Franchising is a business model that allows one business to operate under the established brand
of another business and to sell its products and/or services for a specified time period.

Question 4 and 5
Franchising is a contract or an arrangement where an organisation, the franchisor, allows another
organisation, the franchisee, to use its trademark and business concept, to transact its products
and/or services for a certain period of time and under certain guidelines and in exchange, the
franchisee gives a token to the franchisor.

The limitations: franchise is not flexible in nature - its hard to make changes to the business
b) The franchisee does not enjoy the profits alone as they have to share the profits with
Franchisor
Elements:
1. Substantially same brand
2. Franchisor provides assistant on how to use the brand
3. Franchisee is an independent contractor
4. Pay fee
5. Not regulated in Kenyan Law
5.Liability in franchise
The franchisor is liable for the franchisee actions if the franchisee is an agent of the franchisor.
( owner of the franchise). However the liability only extends to actions within the scope of the
agreement.

6. Define and differentiate bankruptcy and insolvency

Insolvency- when a legal entity or person can no longer meet their debt obligations on time as
they fall due.
A company that has not paid a creditor to the tune of ksh 100,000 after a written demand within
21 days after receipt of that demand is considered insolvent
Bankruptcy- the legal status of an individual against whom an adjudication order has been made
by the court.
7. When can an agent be held liable even after having the necessary authority from a principal?
An agent can be held liable when their actions amount to a criminal offence regardless of
whether or not they had authority from the principal. In the event acted under the authority of the
principal, then the principal is also liable.
Absolute authority
Ostensible authority
8 how do you Incorporate a company
Section 11of the companies Act. persons who wish to form a company may subscribe their
names to a memorandum of association and comply with the requirements of section 13 to 16
with respect to registration .
To add on question 8,

They will be required to comply with the following;

Propose a Company name for name search and reservation (Form CR14) – The name should be
unique and not similar to any existing company name. They should pick at least 3 names to
increase chances of approval.

Include objectives of the Company – Business activities the Company will undertake.

Give out the names of all Shareholders in full and the names of all Directors in full (If Directors
are different from shareholders)

Indicate the number of shares to be held by each Shareholder.

Give out the physical address of the Company (includes LR No or Plot No, Street or Road name,
Town name and County) – If you don’t have a business premises you can use your home address
then make changes later once you secure business premises
P.o Box, Email address and Telephone number of Shareholders and Directors

Correctly completed Company Registration Form (Form CR1)

Memorandum for the Company – One can be prepared or the model memorandum for a limited
company (Form CR2) can be adopted
Articles of Association – Ones provided for in Company Regulations can be adopted
Statement of Nominal Capital

A copy of National ID and KRA Pin certificate of each Director

Recent coloured passport sized photo of each Director

Notification of each Director’s residential address (Form CR8)

 1. Due diligence
2. Name reservation
3. Drafting reg documents required (MOA and AOA)
4. Apply on e-citizen
5. Upload all details of directors and I’d
6. Shareholders
7. Address
8. Statement of nominal shares
9. Pay fees
10. Approval
9.How to register a company online.
1. Open an account on the ecitizen portal or use your lawyer's ecitizen account.
2. Apply for a name search which is kshs... Wait for name to be reserved
3. Apply for the registration of a Private Limited Company and submit KRA pin certificates of
each director, a copy of National ID(scanned) or Passport for directors who are foreigners, and a
scanned passport photo of each director,
4. After submitting these, obtain Company Registration forms i.e. form CR1-company
registration form, Form CR2-Memorandum of Association, CR 8-Notice of residential address of
directors and CR 10
5. Ensure these Registration forms are signed by each director and upload them in the ecitizen
platform. Registrar of Companies checks if all requirements have been met and indicates incase
of any errors
Payment is 10650/=
6. Once registration is approved by the registrar one can download the certificate of
Incorporation and List of directors/form CR12
All these guided by the Companies Act 2015.
10.Define retainer
A retainer is defined as fees paid to an advocate to ensure that his services will be available when
needed.It can be a single or monthly payment.The main purpose is to ensure payment for future
services is rendered.Unless otherwise stated,it is non-refundable.
11. Two types of retainers.
General and Specific
General retainer- client secures advocate to offer client legal services in ordinary non-
contentious business

Specific retainer- advocate is secured by clients to offer legal services for a particular litigation.

12. What is adverse possession

Adverse possession is a situation where a person takes possession of land, asserts rights over it
and the person having title to it omits or neglects to take action against such a person in assertion
of his title for a period of 12 years
A party claiming adverse possession must prove:
1. Possession that was open peaceful and continuous
(Wambugu v Njuguna 1983)
Qst set 6
Panel 2 Mong'are and the male lpm lecturer
Mong'are
1.What is an injunction?
2.When can one apply for an injunction?
3.What is a prima facie case?
4.How does the defense reply to a plaint?

Lpm lec
5. Types of front office layouts?
6. How does one take a plea in criminal proceedings?

Panel 3 before Herbert and Simiyu

Simiyu
7.What is sub judice
Sub judice is
The res sub judice rule is codified in Section 6 of the Civil Procedure Act as follows:
No court shall proceed with the trial of any suit or proceeding in which the matter in issue is also
directly and substantially in issue in a previously instituted suit or proceeding between the same
parties, or between parties under whom they or any of them claim, litigating under the same title,
where such suit or proceeding is pending in the same or any other court having jurisdiction in
Kenya to grant the relief claimed

Conditions: same fact, matters facts and remedies sought

8.During the election petition everyone was a legal consultant. Would that amount to sub
judice?
😅😅 Tricky
Advising clients on certain matters on legal opiniom

9. Auterfois convict and auterfois acquittal?

Autefois convicf- an accused state they have been convicted of the offense before a couey of
competent jurisdiction
Aquited
10.The doctrine of res judicata does it apply in criminal law? If yes to what extent?
Yes, as Double jeopardy
Herbert
11. If you are a conveyance advocate and your client agree to divide for you a piece of land after
litigation as payment will that be right?
12.What is contingency fee?

Qst Set 7
Before Dorothy Angote and Anastasia
1.Alikiba approaches you and tells you there is a guy in riverroad who has made thousands of
cds of his music and is about to transport them to UG. What do you do?

2. Your aunt seeks your advise during your graduation day abt a certain pending case. You tell
her she has no case. Aftet six months another advocate tells her she actually had a case but time
has lapsed. She sues you for negligence. What is your defence?

3. A child is offered lift by a driver of Nakumatt holdings ltd. They get into an accident and she is
injured seriously. Medical bill comes to abt 7m. What do you do? How do you approach the
court and the jurisdiction.

Panel 2 before Mongare and Kimwele

4.What are prohibitory injuctions(give an application scenario and state how you approach the
court and the same for mandatory injunction

5.Who are promoters and their responsibility

Preemptive rights and rights issue
Preemptive rights are a contractual clause giving a shareholder the right to buy additional
shares in any future issue of the company's common stock before the shares are available to the
general public.
A rights issue is an invitation to existing shareholders to purchase additional new shares in the
company. This type of issue gives existing shareholders securities called rights. With the rights,
the shareholder can purchase new shares at a discount to the market price on a stated future
date

6.Are they required to be remunerated?

7.What happens if a promoters offers their premises to the company as a place of business?

8 A client comes to you at 8 am his property is being auctioned at 3pm how do you help them

Set 8
*Before Kyama and Herbert PANEL 3*

1.What does time is of the essence mean?

2.If 'time is of essence' hasn't been stipulated in the conveyance agreement, what is the
procedure for claiming debt due if acting for purchaser?

3. Effects of non registration in a conveyance.

4. If you are acting for the vendor and 20% of the purchase price has been paid, what is the best
way to act if timelines in law for payment of the remaining amount has lapsed.

5. What are the major differences between sale by auction and an ordinary sale?

6. If a company becomes insolvent and they are unable to complete payment for a piece of
property. Recourse for vendor.

7. Ways im which a de-registered public company from NSE can changed to a private Co.

Make an application with

1. Company news name
2. Special resolution converging public to private
3. Notice on cancellation of shares
4. And a statement of reconstituting of shares
5. Lodge with registar, he will register conversion
6. Will issue certificate of incorporation
Hi Mike Just finished my oral exam.It went exactly as you had said 😊. I was in Panel 3 before
Simiyu and Herbert

8.Simiyu asked about JR. The documents to file at leave stage, what each document says and
what happens in the substantive stage.

Leave stage.(done ex parte)

1. Chamber summons
2. Statement of claim
3. Verifying affidavit (in statement of claim)
You have to move court within 6 months for the leave stage. (Certiorari)

File for substantive within 21 days after leave stage

Substantive/application
 1. Notice of motion
2. Supporting affidavit

Also what orders does one seek in getting a JR.

1. Mandamus
2. Certiorari
3. Prohibition
4.
9. Ndung’u asked if there’s a difference between the JR in the CoK and the one under Order 53.
Cok gives right but order 53 gives procedure.

COK- Article 23 you can ask for more orders is conservatory orders, injunction, declaration
Order 53- (Civil cases)limited to the orders above

10. Ndung’u also asked what is a statement of claim, it’s format, what to annex, its difference
with a plaint.
11. Also whether we put evidence in pleadings.

12.what questions do we ask in cross exam and what is impeachment of a witness

(relevant questions, can be leading Questions)

A.) confirm the document
B.) Discredit ****
C.) confront (Limit to yes or no)

impeachment
A.) Character
B.) inconsistent statements
C.) lack of bias
D.) health impairment

Set 9
Thank you mike, the group made it much easier i was
Before Kimari and Angote
Angote :
1. difference between a leading question and an open ended question
2. What do you look at during case analysis?
Merge the issues(legal and factual)
Law in the area
Marry the two to come up with a conclusion
3. How do you deal with bad facts during case analysis
Three ways:
1.ignoring
2. acknowledge
3. Acknowledge and (explain the bad facts)give a reason it exists

4. What is Confidentiality?

Kimari
5. Types of limited grants

6. Difference between ad colligenda bona and ad colligenda defuncti

7. Are there grants that are limited by their nature?

8. Conditions and warranties in sale of goods

10. Which part did you do in your lpm project? Explain
11. what law provides for a sexual harassment policy within an organization?

Set 10
1.5 factors to consider in setting up an office.
2. What decision the Court makes at the close of the prosecution case.

Ruling on Whether the defence has a case to answer, prima facie case to answer
Or have not answered, finding of not guilty, dismiss the case and acquit the accused.

3. Reasons why members may want voluntary liquidation of a company.

4. What application you make if the members of a company tell you that they want to protect
themselves from creditors...
6. Provisions of Article 50.
Article 50- fair hearing and rights of an accused person

7. Meaning of Police powers in conveyancing.

Panel 1: Namisi and Laibuta

8. Laibuta- you are walking in KSL and you fall down due to bad tiles - what case do you have
against KSL

9. What happens when you pay yourself out of the proceeds of a case- is this allowed?
10. What kind of measures will be taken against an advocate that commits this kind of offence of
misappropriating client funds?

Namisi-
11. you have a client who wants to build a mall in limuru on agricultural land . What are the
preliminary considerations that come to your mind to advise such a client?

Tuition and this group, and the methods worked for me, good luck guys

I was before Crispine and Steve nyarango*

Crispine asked me
12. If I participated in his class, I said yes and explained the questions I've ever answered in
class.
Criminal Diff between bail and bond:

13. my friend and I want to open a law firm, what would go in the business plan

14. Way of terminating a criminal proceedings

1. Nolle prosequi- Prosecutor enters intent to prosecute or not pressure further
2. Withdraw of the case by the complaint
3. ADR
4. Accused die (abatement)
5. Incurable procedural issue, ie defective charge

16. Is the right to bail absolute?

No it’s not, limited by certain factors.

Steve nyarango
17. difference between JR and Review
18 If one can appeal after applying for Review
19 if yes, what will be the grounds of appeal? Is it on the review or the judgement?
20.types of pleadings

Mike all you said worked.God bless you.They were so nice and would guide me to the answers.
After that I was wished a good morning and told to go enjoy my holiday.

Set 11
Panel 2
Oriri & Christine Kungu
1. What is a ruling?
2. What is a judgement?
3. What is a holding?
4. Where do you file cases above 20,000,000?
5. What is a case brief?
6.what is the main reason you draw a demand letter
7 difference btwn a thesis paragraph and thesis statement
Oriri
8.Tell us about admission of an advocate
9.qualifications to admitted as an advocate
10.tell us what you know about judicial recusal
11.Can judicial recusal be used as a tool by advocates to waste the court's time?
No, duty of an advocate to ensure administration of justice
12.Who is a senior counsel?
Senior counsel.
15 +, major contribution to law , roll of SC

Those were the questions I was asked.

For the problem question I answered it the way you taught me.
I remembered the answers that were posted in the group about the problem question of Alikiba
and the answers of Anton Pillar and Mareva injunctions

Set 12
Questions
1. 6 bills that are currently before parliament
2. 6 bills that have been enacted by parliament lately
3. What is considered as the 4th arm of the government and why
4. Constitution of the
-high court,
-court of appeal
- supreme court
5. Who are the heads of the above courts
7. 6 parliamentary committees
8. How has covid 19 affected the dispensing of justice in kenyan courts
Yes!
9. What is a referendum

10. What is the process of impeaching or removing a governor

⅔ of the county assembly must give a motion of no confidence;Debated and voted (⅔)
Governor
The County Assembly Moves A Motion To Impeach The County Governor
A Member of the County Assembly moves a motion to remove a county governor by notice to
the speaker. The member relies on the grounds to remove a county governor to move the motion
(Article 181). The member must receive the support of two-thirds of all the other members to
move the motion.

If the motion goes through, the county assembly speaker informs the speaker of the Senate
within two days. The information is in writing and refers to the county assembly resolution
passed to impeach the governor.
The governor continues to perform the functions of the office pending the outcome of the
impeachment process.

Role Of The Senate In The Impeachment Process

The speaker of the Senate then convenes a meeting of the Senate. The meeting is to hear the
charges the county assembly brought against the governor. The Senate, by a determination, then
appoints a special committee comprising of eleven of its members to investigate the matter.

The senate meeting and the appointment of the special committee should occur within seven
days. That is seven days from the day the Senate speaker received the notice of the resolution to
impeach the county governor from the county assembly speaker.

The 11-member special committee of the Senate should then investigate the matter. The
committee should report to the Senate within ten days. It should report whether it finds proof for
the charges the accuser brought against the governor.

The governor has the right to appear and to be represented before the committee during the
duration of its investigations.

Further proceedings do not take place if the special committee finds no proof against the
allegations facing the governor. If it finds proof, the Senate proceeds to vote on impeachment
charges. The vote only takes place after the assurance that the governor receives a fair hearing.

If a majority of the county delegations in the Senate vote to uphold the impeachment charge, the
governor ceases to hold office. If the delegations vote to reject the impeachment charge, the
Senate speaker should notify the speaker of the respective county assembly.

Any member of the county assembly can only introduce the same charges before the assembly
after three months from the day the Senate votes against the impeachment charges.
https://www.afrocave.com/how-to-impeach-a-county-governor-in-kenya/
Set 13
Was before mwaniki and maloa.All WhatsApp group questions were asked.mike lets engage
more 👍🏾
1. What is the meaning or effect of serving summons to enter appearance,
2. how to enter appearance,
3.does the plaint accompany summons while serving the summons, documents accompanying the
plant

4. How to serve a convict in prison

5. Who serves? His qualification

6. Nature of rlshp btn advocate and client
7. Meaning of fiduciary

8. Nature of rlshp btn directors and company, explain.

9. explain res judicata and sub judice

10. Duty of confidentiality by advocates to client, what is it's basis

Before Mong'are and Ayuku. Ilikuwa moto

11. Apart from legalese what other forms of legal writing are discouraged.

12. What are some of the measures that have been taken to reduce the backlog of cases in courts.

13. What are the instances where a plea can be deferred.

14. How long does an interlocutory injunction last once the order has been granted.

Hi mike. It was not so okay, but employed the etiquette you kept saying, it realy helped.
I appeared before Angote and Omosa.

14. What is the jurisdiction of the Supreme Court

15. What do you understand by independence of the judiciary

16.She gave me a land scenario, about aggrieved residents of Kitui who suffered from Coal
mining. Then asked me what documents I would file and in which court
17. Omosa asked ne about principles of management

18. He asked me about spousal rape and where it is provided for by law.

19. Asked me about the repugnancy clause in the Constitution Of Kenya.

To those who have not yet appeared, I wish you success. Just today someone was asked about
money laundering, IP, etc.
My advice is read widely. Everything is relevant. As you can see most of my questions had
nothing to do with the 9 units.To mike, God sent, bless u
Success.

Set 14
Panel 4: Anastacia and Kimari
1.Who is the woman under s.3(5)?
2.Who are persons under s.29? Give examples of each...
3. What is defamation?
4. what was your lpm project?discuss
5. instances where freedom of the expression can be limited.
6. if a false statement is published is that also freedom of expression?

Mine took about 15 to 20 minutes.

Panel 2: Before Kimwele and Oriri.

7. Difference btwn a lawyer and an advocate.

8.What is the essence of ATP training.

9. What is an lien.
10. Remuneration of an advocate where the client paid half the fee, you lose the case,client
refuses to pay the balance.( the right of the advocate)
11. Types of affidavits.
12. Explain how to draft a formal letter.
13. Explain the difference btwn Active and Passive voice.
14. Oriri went into the witness stand and told me to do an examination in chief of a rape victim.

15. Elements of rape.

16. Identification and Recognition.
17. What document do you need to prove peneration in rape.

My take and Advice:

Attempt all the questions, sound and look like you know what you are saying.Employ the etiqutte
styles mike kept insisting on in orals training.They actually guide you, if you are struggling.
Don't hesitate to ask for further guidance.

Set 15
Panel 1 Namisi and Chigitti
1.Invitation to treat in contract
2. What is conveyancing
3. Key features in cross examination
4. Key features in examination in chief
5. Who is a dependant
6. Is an adopted a dependant

Before Kuloba & Angote

7.What is jurisdiction?
8.Types of jurisdiction?
9. What happends if a court has no jurisdiction?
10. What is a fact?
11. What pleadings are filed after a person has filed a defence?
12. What would you do after you are admitted in order to restore the public confidence in the
judiciary and its officers?

Panel 3 mbogo and ruto

Mbogo
13. Difference between a sale agreement and actual sale of goods
14. Duties of directors
15. Assuming mrs ruto n mbogo were to get in an agreement what would i expect to see in the
agreement.

Ruto
16. If i know anything on goodwill
17. She asked me which area I wanted obviously I said grants.... She asked
Assuming a widow comes want to get some money from the husbands bank account what what
would i advice her
18. Also the widow wants to take over a suit that her husband was pursuing before his death.
19. Mrs ruto also asked me to go and close the door just to ascertain my dress code.
20. They also asked me what university i was in and if i were to be anything else apart from a
lawyer what else would i be

NB,:they were extremely friendly and human, training paid off

Set 16
Panel 1 Herbert and Omosa
1. Chinese government has been constructing roads in Kenya, recently one of the companies
constructing some of the feeder roads did a shoddy work, government of Kenya sues the Chinese
company that didn't construct that road. How do you go about defending the Chinese company ?

Misjoinder of party- Order 1 rule 14

2 where have you reached in criminal litigation? Me pleas. Tell me the contents of a plea
bargain agreement.
The Plea Agreement shall include, among others:
i. The charge/s agreed between the prosecutor and the accused person.
ii. A statement of the facts.
iii. A declaration, signed by the accused person, to the effect that she accepts the stated facts and
admits she is guilty of the agreed charges.
iv. A declaration that the plea negotiations were entered into freely and voluntarily.
v. A recommendation on sentencing.

3. When can an arrest be made without a warrant?

Under s. 29 of the criminal procedure code,arrest can be made without a warrant when;
1.A person commits breach of peace in presence of police officer
2. When a person obstruct a police in execution of his duties
3. Where a person attempts to escape lawful custody
4.A person is in possession of something suspected to be stolen
5. A person is reasonably suspected to have committed extraditable offence outside Kenya
6. A person is reasonably suspected to be a deserter from armed forces
7. Committing a cognizable offence
8. Reasonably suspected to be subject of a warrant of arrest

Before kimwele and oriri.

4. What order do advocates use to charge clients?

Question 4:
Advocates rely on the Remuneration order sec 45 and 46.
Sec 45 gives guidance on the Remuneration of in house counsel, associates and well as
Remuneration of advocates employed by unqualified persons
According to section 45:
Advocates can charge a client through
A. An agreement through: an hourly charge,percentage charge, flat rate charge or a combination
of the aforementioned
B.through the Remuneration order that gives the minimum on what to charge a client
C. Through pro bono
However it should also be noted that there are certain invalid agreements that the Remuneration
order prohibits under section 46 such as agreements whereby
A. An advocate purchases an interest in the suit of the client
B. An advocate relieves himself of liability when he carries out an action that amounts to
professional negligence
C. An advocate agrees with client that he will only be paid if he wins the case
D. An advocate can charge lower than the minimum stipulated in the Remuneration Order
5. Who regulates it?
The CJ
6. What document does the cj use to regulate Rem Order?
7. Why was Rem Order enacted?
1. Prevent unscrupulous Advocates from charging exorbitant fees.
2. Order and unity in the profession
3. Market forces
8. if an advocate is tried and found guilty by a tribunal, then the dpp later on directs for criminal
proceeding against the advocate, proceed and state possible defences.
Double Jeopardy*
9. in the era of around 1993 what was happening in the USA?
World trade center was bombed, 1000 people were bombed

10. your client is a aged blind woman who wants to sell land comes with a granddaughter who is
blind as a representative which specific document will you draft?
Power of attorney in braille, ensure it's properly attested.

Panel 4
Mallowa, Mwaura and Assist Director
Mallowa
11. When does one use an OS
Order 37 :
1. Administration of trust
2. Summons by vendor or a purchase of land
3. Summons by mortgagee, morge and others
4. Caveat
5. Extension of limitation period
6. Adverse possession
7. Application under RLA
 8. Applications under MPSR
9. Summons of Member of partnerships
10. Summons by persons interested in deeds or will
11. Variation of trust
12. Discretions for summons
13. Drafting an Interpleader.
12. What is a petition
A petition is a legal document formally requesting a court order. In practice, it is used in
constitutional/election matters, divorce/annulment and application to be admitted in the bar
13. Types of petitions
Election petition
Constitutional petition/JR Petition
Divorce petition
Bankruptcy petition
Admission petition

Mwaura
14. Which position deals with managerial functions in an office
Office Manager; Management position
15. Functions of a managing partner
1. Run day to day affairs of the office 2.Organizing work by preparing timetables and duty
rosters.
3.. Controlling his departments by setting up an internal
control system.
4. Creating a conducive work environment e.g. safety and
security.
5. Staffing: Ensures his deparnt has qualified staff.
6. Planning - He plans for the department by preparing
budgets and new systems for doing work.
7. Coordinating
Assistant Director
16. Give Opening Statement in rape case
The Prosecution Side.
"Your Honour I am Mr. Canon Kings acting on behalf of the State and on the defense is Mr.
Ogara David representing the accused, Mr Ouma Ronnie. We are in court today to charge Mr.
Ouma, the accused with the offense of rape contrary to Section 3(1) of the Sexual Offences Act.
Your Honour this is a case about rape. Your Honour it is the right of each and every individual to
have their dignity upheld by virtue of them being human. It is inherent for every person to be
valued, respected and treated ethically. This transcends further to the sexuality of every
individual but this is not the case for the accused. The accused decided to utterly disregard the
dignity accorded to the victim(s) by forcefully and willingly coercing the victim(s) into engaging
in sexual activities/relations without their express and voluntary consent. The accused failed to
uphold the sexual dignity of the victim. During this trial, we are going to paint a picture of how
the violent and criminal sexual needs of the accused were put over and above the dignity of the
victim. Your Honour we are going to probe beyond reasonable doubt that the accused is guilty
of rape. To prove this we are going to call to the stand, four witnesses. The investigation officer,
Mr. Ule Mmbaya who is the officer who arrested the accused. Secondly, Dr Amin Madawa who
is going to give medical evidence to ascertain that indeed the accused raped the victims. We are
also going to call Ms. Kizimba Terani, the ex-wife of the accused who will potray a violent and
sexually starved picture of the accused. Lastly will be Ms. Jada Robie who is the daughter of the
accused who was present in the house where the incident occurred. The defense is going to
contend that the accused and the victim had an intimate relationship over the years. What they
will fail to tell you is that consent is very important regardless of whether there was an intimate
relationship between the two. Your Honour at the end of this case, we are going to prove that the
accused is guilty of rape hence we are seeking a conviction. Thank You"
17. What is rape
3.(1) A person commits the offence termed rape if -
(a) he or she intentionally and unlawfully commits an act which
Rape.
causes penetration with his or her genital organs;
(b) the other person does not consent to the penetration; or (c) the consent is obtained by force
or by means of threats or
intimidation of any kind.
Penalty- not less than 10 years and can be enhanced to life imprisonment
19. What do u call both male and female judges of the High court rank
My lord/lady
Note avoid posting incomplete, rush responses, we are trying to maintain the answers being
concise, not one liners

Random Probate compilation 2020

1. Who is a defendant?
Sec 29
2. Is a man discriminated against to prove dependency?
Yes Sec 27 and 46
3. How can someone in the grave control his property?
By leaving a valid will, capable of taking effect (capacity etc)
4. Fraudulent application of a grant(scenario)
identify the fraud and the offence in question- concealment or intermeddling. Application for 76
to revoke
5. Special limited grant.
Urgent matters, show proof during application

6. Distinguishing element in Sec 29,

the element of proof of dependency

Can a step-child inherit??

Yes and no,
Yes if he/she was recognized as a child under Sec 3, can apply as a dependent. If not recognized
cannot inherit.
What is a Privileged will?
A will made by members of the armed forces, does not have to conform to Sec 9. Armed forces
act.No time limit, one witness and must be in active service(all personal) Re Ada Stanly.
7. Scenario under 3(5)

8. Briefly describe how sealing happens. Have original copy of the confirmation of grant
from that country, approach the court on sealing of evidence.
Ensure: you have paid estate duty, any evidence of domicile of the accused person and may
require adequate security for payments of debt due to estate creditors residing in Kenya.

9. Which property is mostly sealed?

Foreign grants recognized only to movable property.

10. Executor who doesn’t want to become executor- renunciation (Sec 58)
11. Who is an executor, administrator and trustee.
Executor- a person who appointed by the will to take charge of estate of the deceased upon his
death

Administrator- a person to whom a grant of letters of administration has been made under the act

Trustee- office in the AG chamber to administer the estate of persons who has adminterd it to do
so, or have failed to choose anyone.

12. Procedure of resealing the grant** sec 77

13. Types of grants- Sec 53/54
Grant of Probate, Grant of probate with will annexed, grant Of letters of administration intestate.
limited/unlimited
14. Relation between criminal law and probate.
The law of probate provides for offenses that are criminal in Nature. They include:
Intermeddling, misrepresentation for application of grant, Sec 96(profiting from crime), offenses
by personal representatives,
 15. How to deal with the estate of someone who had died intestate. (procedure)
16. If the testator makes oral will that he will die of cancer, and dies in an accident, is
his will an oral will?
Sec 9 elements made (witness, plus 3 months)
Donatio different, if you recover and die of something else? the gift will not pass (wilks v
allington)

17. Difference between gift inter vivos(gift+interest), Donatio(gift in possession but

interest passes after death) and testamentary gift (gift takes effect after death)

RANDOM TRIAL COMPILATION QUESTIONS 2020

1.What kind of questions do you ask in an examination in chief?

One fact non leading question
Who, when, where, why, what and how
Open ended questions

2. What issues would arise where 3 law firms work in one room
● Breach of confidentiality
● Conflict of interest

3. How to conduct initial client interview

● Welcome client & greet them
● Listen to the client’s account & write notes
● Confirm their account and seek clarification
● Use non- verbal cues
● Advise the client on how to proceed

4. When does re-examination happen?

● Section 146 (3) - Retrieval process restricted to matters that arose during the cross-
examination.
● It is not mandatory where there is no damaging testimony in the cross- exam
5. What’s a trial within a trial
● Voir dire
6. What is examination of a witness
● Questioning of witnesses to ascertain the accuracy of their statements i.e : Cross- exam,
Exam- in- Chief and Re- examination
7. How do you proceed as an advocate when directed to proceed with ADR?
● Try out a court mandated arbitration or mediation.
● If the process fails, then you proceed with the normal court process
8. What is pre trial advocacy
● Proceedings that take place before official hearing begins and its objective is to clarify
points of law and fact
9. Process of trial
● Opening statement
● Examination of witnesses all types
● Taking down evidence
● In a criminal trial there'll be a ruling on whether defendant has a case to
answer(Submission of a case or no case to answer.)
● Closing argument

10. Duties of a trial lawyer

● Confidentiality
● To disclose conflict
● Keep client informed
11. Qualities of a good trial lawyer
● Tenacity
● Hard Work
● Objectivity
● Credibility
● Diligence
12. Techniques of Impeachment
A.) confirm the document
B.) credit
C.) confront (Limit to yes or no)

13. Grounds of impeachment

A.) Character
B.) inconsistent statements
C.) lack of bias
D.) health implerment

Random Ethics compilations Questions 2020

1.What is the importance of legal ethics?

a) Promotes respect to the profession c) Promotes survival of the legal profession.
b) Promotes discipline among members of the profession

2. What is a retainer?
This is the fee paid by a client to an advocate to represent the client whenever a matter arises.
 The fee is for efficiency purposes, in that, whenever a matter arises, the advocate will be
available to represent a
client. The following should be considered before signing a retainer agreement:
a) The agreement should be in writing for record purposes and evidence.
b) Conflict of interest.
c) Scope of engagement.
d) The amount of fee should be clearly specified

3. What is the Duty of confidentiality and its basis.

Confidentiality

4. What is judicial requsal?

5. Who is an advocate? Qualification of an advocate?

6. Can judicial recusal be used as a tool by advocates to waste the court's time?

Random LPM questions.

1. Name the 4 types of resources in a firm?
Human resource
Raw Materialsju
Equipment
Finances
2. Functions of Human Resource Management?
Managerial-
Planning
Organising
Directing Controlling

Operative
Procurement
Development
Compensation
Maintainance

3. Legal framework of Human Resources

Art 41 of the COK
Employment Act
The Constitution of Kenya, 2010 establishes several commissions and offices charged with
human resource planning.
The President is under Article 132 (2) charged with nominating and appointing Cabinet
Secretaries, Attorney General, Secretary to the Cabinet, Principal Secretaries, etc.
Judicial Service Commission recommends to the president persons to be appointed as Judges
and reviews their conditions of service, receives complaints, disciplines and removes from office
judicial officers.
Public Service Commission: Reviews conditions of service of public officers, etc.
Teachers Service Commission: It recruits teachers.
County Service Public Boards: They work under the County Government Act

4. What are CBAs and how are they enforced?

Registered tripartite agreement between Employees their Employers and Trade Unions.
A collective agreement is defined in the Labour Relations Act as “a written agreement
concerning any term and conditions of employment made between a trade union/employees and
an employer, group of employers or organisation of employers.”

Should be registered within 14 days of its conclusion by the employer or employer’s

organisation. But if the employer fails to submit, the trade union may submit it. The Court may
request the parties thereto to supply further information or make oral or written representations to
it. The Court may register an agreement in the form it was submitted by the parties, or with any
amendment or modification agreed to by the parties. However, it cannot register an agreement
that conflicts with the law, or does not comply with any directives or guidelines concerning
wages, salary levels and other conditions of employment issued by the Cabinet Secretary. The
Court must give reasons for refusing to register any CBA.
5. What is an Agency relationship?
This is the relationship that arises when a person is authorized to act on behalf of another.
(Fiduciary relationship)
An agent may be authorized to enter into a contract, to buy goods, etc.
Authority may be: Actual, Apparent or Ostensible.
Types of agents: Special, General and Universal

Role of agents:
a) Factor agent – Is in possession of goods to be sold on behalf of the principal.
b) Broker – Negotiates on behalf of the buyer and seller
c) Del cerdere agent– The agent acts not only as a salesperson or broker for the principal,
but also as a guarantor
of credit extended to the buyer. He thus takes extra risks to indemnify the buyer.
d) Merchantile agent: Agent who is authorized by a principal to buy or sell goods, and/or to
raise a loan by
using the principal's goods as a collateral.
e) Commission agents – An agent who is paid a percentage of the sales he or she generates.
f) Distributorship - An agent can be appointed to buy goods and resell them in his own
account.

6. What is the importance of a front office department?

a) Communication between clients and the organization
b) It processes special requests.
c) It offers advice to clients on products and services offered.
d) It receives customer complaints.
e) It maintains the professional outlook of an organization.
f) It helps in filing, photocopying and receiving faxes and calls.
g) It guides guests around the offices and the use of other facilities.
h) It filters the people walking in.

7. What are the front office challenges?

a) Lack of staff motivation working at the front office
b) Disorganization. It is one of the noisiest areas and not properly organized.
c) Front office staff may not understand clients.
d) Technological setbacks
e) Managing calls. Sometimes, clients phone call are not picked leading to dissatisfaction.

Solutions:
a) Training staff on technology d) Providing incentives
b) Promoting professionalism e) uncovering weaknesses of employees
c) Promoting innovations

8. Difference between training, development and education

Development is a continuous process- learning new skills
Education is not specific, you get a basic foundation
Training - you learn a specific issue
RANDOM COMMERCIAL QUESTIONS.

1. How to institute bankrapcy proceedings:

1. Creditors applications: Statutory demand then Form 3, plus verifying
Affidavit(Form4)plus application for trustee on form 9 and prof of debt (form 5)
2. Debtors application Form 10 plus affidavit (form 8) plus statement of financial
position (Form 11) then application of appointment of trustee (Form 9)
3. Publish a notice , In At Least 2 newspapers, circulate or publication prescribed by
regulations

2. Duties of directors Sec 143-148

3. Types of partnerships
a.) General partnerships
Limited partnerships (general or limited partner
Limited liability partnerships- separate legal personality but not incorporated.

4. What happens when a company gives the shareholders additional shares at a

subsidy
5. Ways of raising capital. (equity, Debt financing, bottom line, withholding retuns.
6. Private equity funds and hedge funds
Private equity firms raise funds from institutions and wealthy individuals and then invest
that money in buying and selling businesses. After raising a specified amount, a fund will
close to new investors; each fund is liquidated, selling all its businesses, within a preset time
frame, usually no more than ten years.
DescriptionA hedge fund is an investment fund that trades in relatively liquid assets and is
able to make extensive use of more complex trading, portfolio-construction and risk
management techniques to improve performance, such as short selling, leverage, and
derivatives.

Hedge funds are alternative investments that use pooled money and a variety of tactics to
earn returns for their investors. Private equity funds invest directly in companies, by either
purchasing private firms or buying a controlling interest in publicly traded companies.

7. Ways of raising capital by using debt

Charging of assets, reputation /credit scores to get debentures, attach security under
movable property under mpsr, Government bonds, fixed of floating charges.
8. Piercing the corporate veil. (1002)
When members have Reduced and the company continues tradings.
Fraudulent training of directors, holding and subsidiaries- subsidiaries are pieces by
parent company.
When negotiable instruments aren't addressed to the company(Non-publication of
company name- Sec 67
Officer liable to a fine of 500,000/-

Random LWD Question.

1. Difference between active and passive voice.
Active voice means that a sentence has a subject that acts upon its verb. Passive voice
means that a subject is a recipient of a verb’s action.
2. Circumstances where you use passive voice
Subject not known
Not relevant or important
Hide the identity of the subject
Reported speech
Action being emphasized rather than the doer
3. Relevance of passive and active voice. (judgments used in passive voice, during the
trial, passive voice)
4. What would you swear when you have a spelling mistake in your name?
Affidavit.
5. Important instruments of legal writing.
Deed poll, wills, affidavit, demand letter , power of attorney, legal opinion, Case brief
6. Last LWD class
Drafting instructions.
What they entail.
Practical implications, acts it would repeal
7. Types of affidavits: Affidavit of marriage, lost items/ academic documents
8. Ways of drafting a legal opinion. Client-letter, internally memo,
Facts, issues, law applicable, analysis and conclusions 🥳🥳🥳
9. Difference between substantive and procedural in relation to judgements.
10. Difference between dissenting and concurring.
A concurring opinion is written by a justice who agrees with the outcome reached by the
majority, but who came to that conclusion in a different way and wants to write about why.
A dissenting opinion is written by a justice who disagreed with the majority and wants his
disagreement known and explained.

What is a Condition in Contract of Sale?

A condition is a stipulation which is essential to the main purpose of the contract. If there is
a breach of condition, the affected party can treat the contract as repudiated. (repudiate
means to disown or reject.

What is a warranty in a Contract of Sale?

A warranty is a stipulation which is collateral to the main purpose of the contract. If there
is a breach of warranty, the affected party can only claim damages and has no right to
reject the contract.

What is a Condition in Contract of Sale?

A condition is a stipulation which is essential to the main purpose of the contract. If there is
a breach of condition, the affected party can treat the contract as repudiated. (repudiate
means to disown or reject.

What is a warranty in Contract of Sale?

A warranty is a stipulation which is collateral to the main purpose of the contract. If there
is a breach of warranty, the affected party can only claim damages and has no right to
reject the contract.

Differences between Condition and Warranty

Condition Warranty

A warranty is a stipulation which

1. A condition is a stipulation which is essential to the
is collateral to the main purpose
main purpose of the contract.
of the contract.

For the breach of warranty, the

2. For the breach of condition, the affected party can
affected party can claim damages
abandon the contract of sale.
only.

3. A breach of condition may be treated as a breach of A breach of warranty cannot be

warranty. This happens if the affected party decides to in any way treated as breach of
claim damages only. condition.

Ways to respond to respond to an application

Response to applications Replying affidavit and grounds of opposition. Order 51
11. When drafting a document, what do you look at:
Form/ structured in law, the audience, purpose of the document.
13. What is a demand letter?
Rooted under order 3
Why? To notify paty of claim, avoid litigation and give them a chance to respond to claim
of

Content of a demand letter (5)body if demand letter,

* Authority to act
* Summary of the facts
* Demand (the word has to be in the body)for specific relief
* Deadline
* Consequences
You cannot ask for cost, threaten criminal proceedings.

Random Criminal Law Questions.

1. What is Stare decisis

Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a
ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are
approached in the same way. Simply put, it binds courts to follow legal precedents set by
previous decisions
2. What is Orbiter dicta
Obiter dictum (usually used in the plural, obiter dicta) is the Latin phrase meaning "by the way",
[1] that is, a remark in a judgment that is "said in passing". It is a concept derived from English
common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.
For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are
persuasive only.

3. What is The principle of legality.

In criminal law means that only the law can define a crime and prescribe a penalty (nullum
crimen, nulla poena sine lege). It also embodies that the criminal law must not be extensively
interpreted to an accused′s detriment, for instance by analogy. According to that principle, an
offence must be clearly defined in the law.
4. Define Burden of proof and standard of proof
5. The M'Naghten Rule (or test) was established by the English House of Lords in the mid-
19th Century and states that:"Every man is to be presumed to be sane, and ... that to
establish a defense on the ground of insanity, it must be clearly proved that, at the time of
the committing of the act, the party accused was laboring under such a defect of reason,
from disease of mind, and not to know the nature and quality of the act he was doing; or
if he did know it, that he did not know he was doing what was wrong

6. Def between Appeal, revision or Review

An appeal- is whereby an individual petition for the case to be heard in a new court. In most
cases, the case is heard on a higher court from the previous one. In simpler terms, an
unsuccessful party in a case decides to take the case to a higher court to seek reversal of a
decision made by a lower court. The party that files an appeal believes that there were errors
made either on the laws or facts raised.
Revision- Revision is the re-examination of legal actions. They may be some assumptions made
illegally, non-exercise or exercise of jurisdiction irregularly by a lower court. In this case,,
therefore, a higher court reexamines the decisions made by a lower court to know whether all the
legal actions were exercised.

Review-
***Difference https://tripakshalitigation.com/differential-of-appeal-and-revision-under-criminal-
law/

7. The rent restriction tribunal renders an important service to the public by attending to
rental issues surrounding landlords and tenants of protected tenancy. In particular, the
tribunal offers arbitration services relating to disputes in these tenancies. A protected
tenant is one who lives in a ‘controlled house’ which are those residential buildings that
have been put under the Rent Restriction Act, Chapter 296 of the Laws of Kenya. The
criterion of placing a residential house under the Act is those with a standard rent of
Kshs. 2,500 per month and below.
8. For commercial controlled tenancy- leases that haven’t been reduced into writing and are
for a period of less than 5 years
https://madhanilaw.com/controlled-tenancies/

9. In Hussein v Chang Fook Lord Devlin stated that an arrest:

(i) Occurs when a police officer states in certain terms that he is making an arrest; or(ii) Occurs
when an officer uses force to restrain the individual concerned; or
(iii) Occurs when by words or conduct the officer makes it clear that he will use force if
necessary to restrain the individual from going where he wants to go; but
(iv) Does not occur where he stops an individual to make inquiries.
10. What Is commandeer (ˌkɒmənˈdɪə)vb (tr1. to seize for public or military us2. to seize
arbitrarily

11. What is a warrant of arrest?

A warrant of arrest may be defined as: x A legal document that authorises an arrest to take place.
x A written document by a judge or magistrate for the arrest of a person.

12. cognizable offence” is defined under section 2 of the CPC as “an offence for which a
police officer may, in accordance with the first schedule or under any law for the time
being in force, arrest without warrant
13. difference between Recognition and Identification parade - Ajode V R

14. Production of evidentiary evidence.

Thomas Gilbert Cholmondeley v R- burden remains with prosecution through, marked as MFI-1
After it had been identified by the witness, and authenticated, the party will say that they wish to
tender the document as prosecution exhibit 1,2,3 or defense exhibit 1,2,3
Procedure.
1. Seek leave to tender the document, introduce the witness
2. Give document to witness,
3. ask authenticating questions, (Do you recognize the document? What is the title of the
document? Who is the document addressed to? When is the document dated? Who has
signed the document?
4. relevant questions, ask if they wish to tender as evidence,
5. Seek permission to tender the document as evidence from MFI 7 as defence exhibit
number 7

15. Difference between review and judicial review

Review- done on certain ground New mater, error apparent on the record and any other sufficient

Jr- error of law, judicial review, irrelevant considerations, failure to observe rules of bad faith,

16. Difference between judicial review and appeal

17. Difference between appeal and review

18. Difference between revision and review

19. Difference between Assault and Battery

assault is an attempt or threat to injure another person, while battery is the act of making contact
with another person in a harmful or offensive manner.
20. Definition of amicus
DescriptionAn amicus curiae is someone who is not a party to a case who assists a court by
offering information, expertise, or insight that has a bearing on the issues in the case. The
decision on whether to consider an amicus brief lies within the discretion of the court.

21. Types of jurisdiction:

Geographical, Appellate, inherent, original, unlimited and unlimited

22. Role of criminal law

1. Deterrence
2. Victims
3. Rehabilitation
4. Draft documents necessary
5. Retribution
 6. Public morality and interest (Denunciation/education)
7. Safety of the society.
8. Case management skills to expeditious
23. What is judicial notice
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if
the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot
reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at
issue.

24. What is a presumption

A rule of law which permits a court to assume a fact is true until such time as there is a
preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the
presumption.

Exemptions of presumptions-
1. Presumptions of innocence
2. Presumptions of carnal knowledge (under 7 do not have carnal knowledge)
3. Presumptions of death (no one has heard or seen for 7 yrs)
4. Presumption on marriage-Qualitative and Quantitative.
5. 4.
6. Presumptions of fact
7.
8. Whenever it is provided by law that the court may presume a fact, it may either regard
such fact as proved, unless and until it is disproved, or may call for proof of it.
25. Men’s rea in murder
Malice aforethought- involved intention and knowledge to cause Grievous harm or death

26. Retracted and repudiated confessions

Retract is withdraw (a statement or accusation) as untrue or unjustified (Recant)
Repudiated is to refuse to accept; reject

27. Types of plea

28. Contents of a prosecution file
29. Difference between judgment and sentencing.

30. What happens when a person pleads guilty.

-Charge and details are read to them again,
-Duress, right mind, set a hearing date for sentencing.(mitigation and victim assessment)

31. Who draws a charge sheet?

Police or magistrate
***************Note a charge sheet is used in magistrate court, information is used in the high
court

32. What is Nolle Prosequi

A power given to the prosecutor to terminate the proceedings at any stage and as he wishes. Sec
82 of the CPC and art 157 of the COK
33.

33. What is a complaint

Complaint- sec 2 of the CPC allegation that a person has committed or is guilty of an offence

Common law definition of complaint- A formal legal document setting out the basic facts and
legal issues that filing party believes are sufficient to support a claim against another person or
entity who complainant seeks a remedy

34. What is a charge

Formal written accusation of an offence, drawn by a magistrate or a police officer or the Dpp and
signed as required by law. Purpose is to inform the accused what they are being accused of

34. Difference between Abetmentent and Abate

Abate- reduce or remove (a nuisance).
Abetment-To encourage or incite another to commit a crime. This word is usually applied to
aiding in the commission of a crime. To abet another to commit a murder is to command,
procure, counsel, encourage, induce, or assist.

35. Equivocal and unequivocal pleas

Unequivocal-the plea as recorded must not be capable of any other interpretation other than that
of guilty.
Equivocal- An equivocal plea is one that is contradictory, where the defendant pleads guilty, but
adds something that indicates a defence.

36. Difference between a hostile, refractory and unfavorable witness.

37. Who is a child of tender years?

Under the oath and statutory declarations act, 14 yrs
Children act 10 yrs
38. How do you swear a witness who is atheist?
39. Jurisdiction of Supreme Court in criminal matters
Matters of interpretation and public interest
Advisory opinion on criminal cases **
40. Types of pleas
41. What does the dcj refuse to take a plea amount to?
Plea of not guilty
Differered to take plea because there is a substantive issue on the charge itself being determined
by a higher court (file a petition against in HC, refused to take plea)
42. Power of magistrate in such a scenario
No power, HC is a higher court, original jurisdiction (165)
43. Illegally obtained evidence in that case.

44. Would threats of the dpp amount to treason?

Sec 40 on treason, says president only 😅

45. What amounts to a prima-favor case?

A reasonable tribunal, properly directing its mind to the law and the evidence would convict if
no explanation is given by the defence.
Ramanlal Bhatt V Republic
45. An accident occurred involving two matatu that hits 2 Ksl
Civil - 3 part proceedings.
Possible charges- jointly charged- reckless driving
46. Document that court signs when accused cannot afford to pay bail.
Remand warrant
47. Marital Rape in Kenya
Article 43(5) says that an act cannot be unlawful or intention in respect to married couples.
Kenyan law does not recognize marital rape, however, ngos and women organizations have tried
to recognized criminal charge.
48. Article 2(5), what are those principles?
Jus cogence,
****The United Nations Charter sets out the fundamental principles of modern public
international law, notably:
Erga Omnes- Rights and obligation owned to all ie priracy, genocide etc
Promotion of human rights;

The strict limitation on the right to use force against other states;

The strict prohibition on the acquisition of territory by force.

48. Ethics Theories

Metaethics-deals with the nature of moral judgments, ie
Relativism- Morality is subject to human invention, Not independent
Objectivism- (Morality is absolute, can't exist Independent from human beings
Normative ethics-mainly concerned with how one is to act and the right cause of action.
Concerned with virtue and duties
Golden rule- do unto others what others do to you
Applied Ethics- How we apply our analysis to specific controversial and moral issues
What is causation in criminal law?
But for principle,
Linking the accused and the result of the crime

49. What is the voir dire, how is it applied,

It’s the process of testing to see if a witness is competent for trail.
For children for the nature and obligations of the oaths, voir dire

50. Egg Skull principle.

The thin skull rule makes the defendant liable for the plaintiff's injuries even if the injuries are
unexpectedly severe owing to a pre-existing yet stable condition.The defendant is liable for
additional damage, but not the pre-existing damage.

51. Difference between Admission and confession.

Admission , Sec 17, statement (written or orals that suggest any reference of fact in issue.)
Sec 25- word or conduct, taken alone or inference of guilt.

An admission is a statement made for some purpose other than to acknowledge guilt. A
confession is an acknowledgement of guilt made by a person after an offense has been
committed

52.

In criminal proceedings the wife or husband of the person charged shall be a competent and
compellable witness for the prosecution or defence without the consent of such person, in any
case where such person is charged—
(a)
with the offence of bigamy; or
(b)
with offences under the Sexual Offences Act (No. 3 of 2006);
(c)
in respect of an act or omission affecting the person or property of the wife or husband of such
person or the children of either of them, and not otherwise.

53. Difference inquest and commission of inquiry

Inquest is by a judicial officer tasked to look at the realty incident, and they recommend
prosecution.
Commission of inquiry- by the government to look into certain findings that advise the
government, nkt binding but influential.

54. Unequivocal and equivocal plea

A plea is equivocal if the defendant adds to his plea of guilty a qualification which, if true, may
show that he is not guilty of the offence charged.

A conviction based on a plea of “guilty”, it must unequivocal : the plea as recorded must not be
capable of any other interpretation other than that of guilty.

55. What is treason, elements of treason.

What is treason and elements of treason

Treason is the crime of betraying one's country especially by attempting to kill or overthrow the
government.

Elements

1. Wrongful intent
2. Overt act either levying war against the government or giving aid
3. Owing allegiance to the government

Section 40 of the Penal Code - treason is where an individual or persons:

(a) compasses, imagines, invents, devises or intends -

(i) the death, maiming or wounding, or the imprisonment or restraint, of the President; or

(ii) the deposing by unlawful means of the President from his position as President or from the
style, honour and name of Head of State and Commander-in-Chief of the Armed Forces of the
Republic of Kenya; or

(iii) the overthrow by unlawful means of the Government; and.

(b) expresses, utters or declares any such compassing, imaginations, inventions, devices or
intentions by publishing any printing or writing or by any overt act or deed, is guilty of the
offence of treason

56. Ejus Generis rule

Legal Definition of ejusdem generis rule
: a rule of construction: general words (as in a statute) that follow specific words in a list must be
construed as referring only to the types of things identified by the specific word. For example, if
a law refers to automobiles, trucks, tractors, motorcycles, and other motor-powered vehicles, a
court might use ejusdem generis to hold that such vehicles would not include airplanes, because
the list included only land-based transportation.

57. Different between bail and bond

1. Bond includes a 3rd party taking up debt obligations of the accused while bail there's no
3rd party.
2. Bond is refundable even where accused has missed appearing in court as long as surety
informed court while bail is forfeited automatically when accused skips court
3. Bond one may use cash or other security while bail is cash only
4. Bond is undertaking while bail is an agreement
58.

2018 QUESTIONS.

No

1. Suits by Minors, how do you approach the court

Minors lack capacity to institute suits hence an action by a minor is guided by Order 32 of the
Civil Procedure Rules. One must seek the consent of the guardian of the minor and thereafter the
action shall be commenced through the next friend.

2. What is a charge in Conveyancing? Species of security that confers no interest in land

but gives property charged as security.

3. Difference between profits and easement

Easements include rights of way, rights to light and other similar rights.

Section 2 of the Land Act defines an easement as ‘means a non-possessory interest in another’s
land that allows the holder to use the land to a particular extent, to require the proprietor to
undertake an act relating to the land, or to restrict the proprietor’s use to a particular extent, and
shall not include a profit; They to amount to overriding interests. They are basically rights in
alieno solo, for instance, where a person purchases land subject to easements, the person in the
dominant tenement will still have a right to pass over the servient tenement.

Profits a prendre is the right to go to the land of another person to pick up a product of the soil. It
confers a right to take part of the soil or produce of the servient tenement.
In this respect profits are to be distinguished from easements, which are essentially privileges
without profit. A profit is further distinguishable from an easement in that a profit may exist ‘in
gross’. This means that the owner of the profit need not be the owner of any adjoining or
neighbouring land or indeed any land at all. There need not be a ‘dominant tenement’.

4. Who are dependants in the law of succession?

Dependants are defined by Section 29 of the Law of Succession Act. They are

(a) the wife or wives, or former wife or wives, and the children of the deceased whether or not
maintained by the deceased immediately prior to his death;

(b) such of the deceased’s parents, step-parents, grand-parents, grandchildren, step-children,

children whom the deceased had taken into his family as his own, brothers and sisters, and half-
brothers and half-sisters, as were being maintained by the deceased immediately prior to his
death; and

(c) where the deceased was a woman, her husband if he was being maintained by her
immediately prior to the date of her death.

5. Does the fact that a husband has to prove maintenance amount to discrimination?

Yes. Because it purports to not treat the man and woman as equal for purposes of succession in
light of the spirit of equality espoused in the constitution.

6. Types of pleas

Plea of not guilty

Plea of guilty
Autrefois acquit – where the accused was charged and acquitted of the similar charges under the
same facts
Autrefois convict – where the accused was charged and convicted of similar charges under
similar facts
Double jeopardy – where the accused was already charged of the same crime under the same
facts
0Pardon – the accused says that he was previously pardoned over the same crime.

Immunity.

7. What does the DCJ refusing to take plea amount to?

Deferment of plea under the law allows for the taking of plea at a later date pending the
directions and/or hearing and determination of a substantive issue affecting the charge of the
DCJ by a higher court.

8. Now that the DCJ filed a petition in the constitutional court, what power does the
magistrates court have?

They do not have any as a matter that is being dealt with by a higher court cannot be
simultaneously dealt with by a lower court.

9. What is the effect of illegally obtained evidence in that case?

Article 50(4) provides as follows:

(4) Evidence obtained in a manner that violates any right or fundamental freedom in the Bill of
Rights shall be excluded if the admission of that evidence would render the trial unfair or would
otherwise be detrimental to the administration of justice.

The DCI violated the Petitioner’s right to privacy contrary to Article 31 of the Constitution.
While this violation was not pleaded by the Petitioner, we deem it critical to assert that in light of
Article 50(4), the conduct of the DCI has irredeemably broken the foundation on which the
criminal case against the Petitioner was built, and the Petition must, to that extent, succeed.

10. Also, jurisdiction of the Supreme Court in Criminal matters

Has Appellate jurisdiction from the Court Of Appeal on criminal matters on purely points of law
of significant public interest.

11. Whether the threats on the Deputy President’s life amount to treason

Guided by Section 40 of the Penal Code, the actus reus element of the offence, the said
treasonous act must be directed at the President. The Deputy President is not a president and
therefore this provision shall not apply to him.

12. Why did you take law?

13. Any senior legal personality that you admire?

14. Why do you admire them? (Qualities of a good lawyer)

Punctual

Respectful

Hardworking

Well dressed

Good orator

Good researcher etc

15. Do you follow cases in public domain?

16. Obado case (3 bad facts for the prosecution)

Obado was not present at the crime scene.

Obado was present at another place at the time the crime was committed.

Sharon was carrying his child hence he would lack motive to kill the child.

17. Difference between duty of confidentiality vs privilege in communication

Duty of confidentiality implies that any information that a client divulges to an advocate in the
pendency of the advocate client relationship shall not be unreasonably divulged to third parties.

Privilege in communication means that any information obtained from an advocate client
relationship without the express knowledge and/or authority from the client shall not be
admissible as evidence before any court or tribunal.

18. Types of Partnerships in Kenya

General Partnership as enshrined in the Partnerships Act, 2012.

Limited Liability Partnership created by the Limited Liability Partnerships Act.

19. Difference between Limited partnership and LLP

LLPs have perpetual succession.

The liability of the LLP is limited to the partner’s investment

LLP has a simplified and expeditious management and governance system

LLPs are tax transparent structures.

LLPs don’t have partners involved in management.

Capital can be withdrawn from LLPs

The number of partners is not limited to 20 in LLPs.

20. Nemo dat Rule and its exceptions

A person cannot pass title which himself doesn’t have. One can only acquire title from the owner
of the property.

Exceptions:
(a) estoppel (conduct of the owner);
(b) sale under a common law or statutory power;
(c) sale under a voidable title;
(d) sale by a mercantile agent;
(e) sale by a seller in possession;
(f) sale by a buyer in possession

21. Whether a foreigner can own land

Under the Consitution of Kenya 2010, Article 65,

65. (1) A person who is not a citizen may hold land on the basis of leasehold tenure only, and
any such lease, however granted, shall not exceed ninety-nine years.

22. Conditions in granting bail

That the accused shall always attend court mentions and hearing unless otherwise directed by
court or if indisposed must have leave of court.

That the accused shall not leave the jurisdiction of the court without leave of court

That the accused shall not interfere with evidence and or witnesses

They will not commit a crime during the pendency of the prosecution

That a default in appearance during mentions shall revert the bail amount to the state

The accused shall comply with court directions.

 23. Without prejudice

Jowitt’s Dictionary of English Law Vol. 2 at page 1909 and Halsbury Laws of England 4 th
Edition Vol 17

Letters written or oral communications made during a dispute with a view to negotiating a
compromise and which were expressed or otherwise proved to have been made without prejudice
could not be admissible.

24. Case theme Adaptation of a morality argument to justify the case of your client

25. Anticipatory bail

Bail pending arrest.

26. Adverse possession

27. How can a person who is dead control his property from the grave

28. Except for identification parade, how else can an accused person be identified,

Recognition

29. The 4ps in a meeting

30. Principles of injunctions

Principles of criminal liability

Legality[Art 50(2)], mens rea, actus reus, causation, occurrence, harm and punishment

31. The relationship between conveyancing and the Advocates act

32. Interpleader proceedings

33. Judgment in default v summary judgment.

34. Injunctions.

35. Mcnaughten rule

Defence for insanity: will not held liable

1. Suffer from defect, not know what he was doing (deranged to not know quality of action)
2. And if he did, Don’t know if it was wrong

36. Prima facie case in civil n criminal.

37. Burden of proof in criminal and civil.

38. Constitution on poverty, hunger, medication.

39. Actors in a criminal justice system.

40. How ICT has enhanced Advocates work in the firm

41. Stamp duty payable for a plot value 10000000 in Nrb

42. Case scenario on probate (grant obtained fraudulently )

43. Sale of land from an illegal transaction

44. Accused not in court for hearing proceedings what application do you make

45. How do you register a society that is not a corporate society

46. Which are the ways for pretrial disposal of suits

47. What are the principles of Mwongozo Protocol

48. Instances provided for law for using ADR

49. Economic theory of law

50. Difference between procedural and substantive law

51. Overriding objectives

52. Special limited grant

53. She gave a scenario that she has died from an accident and now her people are going to
court, how do they apply ( ile ad litem)

54. Suits of a minor

55. Provisons of fundamental rights, where they are provided for

56. Taking evidence from a child witness

57. Advantages of llps

58. Justice mabea talk on how to structure good arguments

59. Last class of civil procedure what was taught

60. Who teaches you trial advocacy ? Has hw taught you Case Brief? Tell us a case brief of
the Ethiopian Plane Crash.

61. Give us five social economic rights.

62. They are under which Article of the Constitution?

63. Mareva Injunction

64. Have we ever interacted in any class? Yes class F LPM. Good.

65. Which is your best unit? Criminal. What was your last topic? Trial Process.

66. Explain to us the Trial Process.

67. Hierachy of courts in Kenya.

68. I believe Mr Oriri teaches you professional Ethics. What did he teach last!

69. Contents of a letter

70. Opening statement Desmond Peters case

71. Communications skills for lawyers. What about it?

72. How to register a company via e- citizen

73. Contents of a l.l.p deed

74. Why i chose law

75. Any landmark family decision i know

76. Develop theme for SM Otieno case

77. 50 clients have been living in a land belong to KSL for 20 years. The new director wants
to evict them. Do they have a course of action? Yes/No

78. What is dematerialization of shares

Before when shares were bought they were given a share certificate and were traded that
way. Central Depositories system

Dematerialisation is a process through which physical securities such as share certificates and
other documents are converted into electronic format and held in a CDS account.

The benefits include ease of movement from one share to another

It helped it to embrace digitisation and made the entire trading process smooth, glitch-free,
and secure. Besides, it is,

Convenient

Safe

Efficient

Paperless, and

Multipurpose

79. What is dollarization of currency

80. Does the DPP have absolute power?

81. Materialization of shares

82. Considerations when drafting a Charge Sheet and test in Samuel Githunguri V R

83. Calls in Company Law

84. Difference between procedural and substantive law

85. Overriding objectives

86. Special limited grant

87. She gave a scenario that she has died from an accident and now her people are going to
court, how do they apply (ile ad litem)

88. Provisions of fundamental rights, where they are provided for

89. who is your role model

90. What do judges do when a person accused of murder is brought before them??

91. What qualities do those people possess to make you admire them

92. How do they behave when they are in court?? and when interacting with people

93. Some people have been living in KSL property for 30 years and the Director wants to
evict them... any cause of action that can be instituted by those people

94. a scenario on affidavit of service

95. Contents of affidavit of service

96. Laws governing affidavit of service

97. Scenario on advocate-client privilege

98. Persons in s. 29 of LSA

99. Distinguishing element in s. 29

100. If a step-child can class from the estate of the deceased

101. What is a privileged will

102. Name the completion documents in a Conveyancing transaction

103. In a case where a child has had an accident in a school bus how and who will you
sue?

104. Assuming the school says that the fault of the accident was a stray matatu how
will you proceed?

105. Procedure followed when applying for bond and two if you client has been denied
bail twice in a lower court what remedies available for him/her

106. If an employee at Kenya school of law while cleaning he is injured while walking
downstairs, what can you advise if he seeks advice from you finally, is the client's
confidentiality an absolute right? Yes/No why?

107. Type of affidavit?

108. Difference between verifying affidavit and supporting affidavit?

109. In a civil suit who begins the case?

110. What is the name of that process?

111. What documents accompany a plaint?

112. What was the last thing you did in probate?

113. Briefly describe how sealing happens?

114. Under what type of property does sealing mostly happen?

115. Scenario on section 3(5)

116. How to pay Stamp Duty

117. Cost implications of a demand letter

118. Principles of Management by Edward (somebody)

119. Concerns of a legal drafter

120. What to do when your client asks you to draft a will for them

121. Difference between a llp and general partnership

122. Environmental impact assessment

123. Consents you needs to acquire before transferring interest in land

124. Type of pleas

125. What is the last thing we studied in class

126. What are the theories of training

127. You are an advocate for a person whose rights have been violated by a police
officer, you have reported the matter to the police to no redress and also to the DCI with
no redress. what is the next remedy

128. Your client has lived in Kenya school of law for more than 30 years and has just
received notice to be kicked out. Do they have a cause of action?

129. Who is your favorite musician? Your client has had some of her releases taken in
an industrial area and the person who has them os set to fly out of the country what do
you advise?
130. Your client has been arrested and has not been brought to court. What do you do?

131. So do you follow current affairs? Which case recently had an application for
habeas corpus?

132. Your clients are the parents of a child who was in an accident and the child
passed away due to that accident. The company car which caused the accident is insured
but they have not been compensated. Advice on the process. Describe the heading in the
civil suit from q2 above

133. What was the last thing we did in class?

134. Type of affidavit?

135. Difference between verifying affidavit and supporting affidavit?

136. In a civil suit who begins the case?

137. What is the name of that process?

138. What documents accompany a plaint?

139. What was the last thing you did in probate?

140. Briefly describe how sealing happens?

141. Under what type of property does sealing mostly happen?

142. A lot of case scenarios. Anticipatory bail

143. Agency- authority

144. Strict liability

145. Vicarious liability

146. Insolvency- how can creditors claim from the debtor

147. What does F1 entail in the prosecution file

148. Deed poll

149. A law firm takes 3 forms, state them.

150. Difference btwn an LLP and an ordinary Partnership.

151. Policies in a law firm

152. Meaning of a fiduciary relationship.

153. Why did you take law?

154. Which advocate inspires you?

155. Duties of an advocate, which duty ranks high?

156. Have you interacted with any of us? Where?

157. Roles of Govt chemist

158. Father of jurisprudence

159. Elements of a will(case scenario)

160. Rules to be followed in an identification parade

161. Types of pleas

162. What does the new currency represent (50..100..150...200...500...100)they are

actually written on the back of the notes 😅

163. What to do if a person is not a believer while taking oath

164. Easements

165. -The big 4 agenda

166. Question on Ksl land-

● KSL is a parastatal and the land they own is Public land which KSL holds in trust for the
people and as such cannot be subject to adverse possession.
● In the case of Kahindi Ngala. The first requirement for adverse possession is it must be
private land

167. -Estate where the executor doesn't want anything to do with the estate

168. -Prima facie case

169. An accident occurs involving two matatus that hit KSL student

170. -Document that the court signs when an accused cannot afford to pay bail.
 171. A law firm takes 3 forms, state them

172. Difference btwn an llp and an ordinary partn.

173. Policies in a law firm

174. Meaning of a fiduciary relationship

175. Why did you take law

176. Which advocate inspires you

177. Duties of an advocate, which one ranks high

178. Have you interacted with any of us? Where?

2013 QUESTIONS.

CRIMINAL LITIGATION

1. Types of pleas acquit

Plea of not guilty

Plea of guilty

Autrefois acquit – where the accused was charged and acquitted of the similar charges under the
same facts

Autrefois convict – where the accused was charged and convicted of similar charges under
similar facts

Double jeopardy – where the accused was already charged of the same crime under the same
facts

Pardon – the accused says that he was previously pardoned over the same crime

2. Difference between review and judicial review

Review is the reconsideration or re-examination of a decision so as to amend or alter it where it

is desirable or necessary. It is a second look at a decision already made by the authority which
made it. It's done on certain grounds:- where there is discovery of a new and important matter or
evidence; where there is an error apparent on the face of the record, or for any other sufficient
reason. The discovery must be new, important, due diligence had been exercised so as not to
have found it and it could not be produced before the decision in question was made.

Judicial review is an application made to a higher authority to review the decision made by a
subordinate authority. It's made to review the manner in which a decision was made.

3. Difference between judicial review and appeals

Judicial review is meant to ascertain the manner in which a decision was made. The court’s
exclusive concern is with the legality of the administrative action or decision in question. In
appeals, the court is concerned with the merits of a decision. The court substitutes its own
decision for that of some other body.

4. Duplicity of charges on a charge sheet

A charge is a formal written accusation or complaint against a person for an offence
provided for in law. It is drawn by a magistrate or a police officer and signed as required
by law. Black’s Law Dictionary defines duplicity of charges is the joining of two or more
offenses in the same count of an indictment. It is a legal requirement that a charge should
not suffer from duplicity. Duplicity occurs where the charge or count charges the accused
of having committed two or more separate offences the charge is barred for duplicity.
Duplicity can be avoided where a statute creates offences in the alternative, Section 86 of
the Traffic Act provides for offences created in the alternative e.g. causing death by
driving a motor vehicle:
a) driving recklessly;
b) driving at high speed.
c) Driving in a manner dangerous to the public.
d) Leaving the motor vehicle on the road in a manner dangerous to the public.
All these are stated in the alternative so that you cannot be charged of two or more but
only one of the alternative.

5. Insanity proceedings
Insanity is any mental disorder, which is severe enough to prevent a person from having
legal capacity, and excuses the person from criminal or civil liability. Insanity arises in
two instances:
· The first one is when it is alleged as a defence, that is, the person was
insane at the time of the act which now constitutes the offence.
 · The second is what has been termed in other jurisdictions as procedural
insanity, that is, where the person, though sane at the time of the act, no longer
enjoys the same degree of sanity to such an extent as to render him incapable
of understanding the charge and or making his defence.

a) Procedure in insanity - sections 162-167 of the Criminal Procedure Code.

Section 162 – Court inquires as to the soundness of an accused’s mind if in the course of a trial
the accused is incapable of making his defence because of unsoundness of mind. If so, it
postpones the proceedings but where the court finds the accused fit to continue with the trial then
the proceedings will continue.

Section 163 – where the accused applies for bail, court may release him on condition that
sufficient security has been given that the accused will be cared for well and that he will be
prevented from injuring himself or any other person and that his presence in Court shall be
guaranteed. Where bail is denied due to insufficient security, the Court may order that the
accused be retained in safe custody and then transmits the Court record or a certified copy to the
Minister for the President’s consideration.

The president upon consideration may order that the accused be detained in a mental hospital or
other suitable place of custody and the court shall issue a warrant which shall be sufficient
authority for the detention of the accused till the president makes a further order in the matter
until the court which found him incapable of making his defence orders him to be brought before
it again in the manner subscribed in Sections 163 and 164[1].

The court will make such determination through the report of a medical officer. Where the
medical officer of a mental hospital or place of custody where the accused has been taken, finds
the accused incapable of making defence, the officer is to forthwith make a certificate to that
effect to the Attorney General[2]. The AG in turn is required to inform the court whether the
state intends to continue with the proceedings against the accused or not[3].

Where the AG indicates that he does not intend to continue with the matter, the accused is to be
discharged but that is not a bar to subsequent proceedings against the accused on the same facts.
On the other hand where the AG says otherwise, the accused shall be brought before court and
the proceedings will start anew as if the accused was brought to court for the first time[4].

Section 164 provides that subject to the report of the medical officer, the court may order that the
accused be brought before court and where the court finds that the accused is still incapable of
making his defence then the court shall act as if the accused was brought before it for the first
time.

Section 166 is to the effect that where the court finds that the accused committed an offence but
was insane, so as not to be responsible for his acts or omissions[5], the court is to make a special
finding to that effect. The court is further required to submit the finding to the president who will
make further orders for instance the accused to be detained in custody or in any other suitable
place. It is worth to note that the burden of proving an averment of insanity lies upon the defence
because in Section 11 of the Penal Code, every person is presumed to be of sound mind until the
contrary is proved. However, where the accused does not raise the issue of insanity, the court
will not make a finding under Section 166(1) of the Criminal Procedure Code. However, the
CPC does not outline a clear procedure to be adopted in situations where a defendant refuses to
raise and/or plead the defence of insanity. Section 167 of the Criminal Procedure Code provides
for situations where, although the accused is not insane but he is unable to understand
proceedings in court.

6. Elements of a crime

Actus reus – the prohibited act or omission. The prosecution must prove beyond reasonable
doubt that the accused has committed the prohibited act

Mens rea – the intention to commit a crime. Prosecution must show that the act was done
voluntarily and that there must have been some foresight of the consequences. No act is
punishable if it was done involuntarily e.g. while the person was sleepwalking or suffering from
a concussion or insanity. There are offences where liability is strict and mens rea doesn’t have to
be proved e.g offences under food drugs and chemical substances act. There are also offences
where actus reus need not to be proved, those under vicarious liability.

7. Difference between murder and manslaughter

In murder the accused must have been proved to have the malice aforethought to cause the death
of another whereas this isn’t the case in manslaughter.

8. Framing charges

Statement of the offence based on description of what offence has been committed.

Particulars are the words which will describe the offender and it will also briefly describe the
particulars of the offence. It will describe the property or goods which are the subject matter. If
the goods are specific, there will be a proper description of the goods. The particulars are
supposed to reveal the ingredients of the offence.

9. Forms in a prosecution file

(a) Initial report

 (b) Documentary evidence – list of exhibits and witnesses, documentary
exhibits
(c) Accused’s records – his statements
(d) Investigation diaries
(e) Experts reports
(f) Witness statements
(g) Copies of the charge sheet
(h) Covering report
(i) Correspondences

10. Defence file

i. Instruction note- instructions of client to advocate their name and date

ii. Client attendance form- name of client date of attendance purpose of

attendance and time spent on client during their attendance

iii. Court attendance form- attendance, length file ref name of client name of
advocate in attendance the counterpart in attendance an name of judicial officer in
attendance

iv. Charge sheet

v. Legal opinion/brief

vi. Fee notes

vii. Copies of documents for bail application

viii. List of Accused’s property when arrested

ix. Copy of prosecution file

x. Legal research – laws and cases to be relied on

xi. Case strategy, defence case – statements made by the accused

xii. Defence witnesses statements

xiii. List of authorities cause list

xiv. correspondences
ICCCPPLTLL
 11. Difference between n a decree and an order

A decree is extracted from a judgment whereas an order is extracted from an interim application

12. Difference between judgment and sentencing

Judgment – means the adjudication by the court that the defendant is guilty or not guilty

Sentencing - procedure at which a court of law of competent jurisdiction makes an order on the
specific penalty to be meted out to the criminal after convicting him.

13. What to do if a client pleads guilty

Ascertain whether the client understands the charges made against him and advise him on the
consequences of making that kind of plea. Ascertain whether the client based on the facts
voluntarily committed the crime so as to form a strategy for his defence.

14. The Trial process

Starts by way of a complaint. The complaint is done through the police process. Person alleging
is required to write a statement, produce witnesses, record witness statements, if an offence has
been committed police make the decision to arrest the culprit and take him to court.

Complaint- Arrest- Charges- Plea- Trial- Judgment- Sentence

15. HOW CRIMINAL CASES ARE INITIATED

Criminal cases are initiated by a complaint being lodged. A complaint can be lodged with
the police or the magistrates but the proper way is with the police. It will be recorded in the
Occurrence Book in the Police Station stating who the complainant is and what the complaint
is. The decision to file a case depends on the information in the OB, the police will take a
statement from the complainant, visit the scene of the incident, take notes of any breakages if
any, if it is a murder scene, they will make photographs of the scene and make arrangements
for the body to be examined by a pathologist. Once the police decide what kind of offence
has been committed, they draw a charge sheet.

16. Structure of courts

Supreme court – has 7 judges CJ is the President DCJ is the vice president
Has original jurisdiction – presidential election petitions

Appellate jurisdiction – from C.O.A and various tribunals

Advisory jurisdiction – to government, authorities

Court of appeal – has not less than 12 judges

Has appellate jurisdiction – cases from the High Court

High Court/Industrial court/Envt and Land court

Has original jurisdiction for murder cases

Appellate jurisdiction – cases from C.M.Court, tribunals

Admiralty jurisdiction

Supervisory jurisdiction on subordinate courts

Constitutional cases

Cases on violation of Human Rights

Chief Magistrate Court -, value not exceeding 500,000

Senior Principal Magistrates Court - value not exceeding 500,000

Principal Magistrates Court - value not exceeding 300,000

Senior Resident Magistrates Court - value not exceeding 300,000

Resident Magistrates Court - value not exceeding 100,000

District Magistrates Court Grade 1 - value not exceeding 20,000

District Magistrates Court Grade 2 – petty offences

District Magistrates Court Grade 3 – practically non existent

17. Plea taking – the accused goes to court and the charges as laid out are read to the
accused. The charges must disclose an offence. If an offence is not disclosed the court may
discharge or a fresh complaint may be put in the court. if the charge is proper, it is read to
the accused and the accused is given an opportunity to respond. In case of petty offences like
drunk and disorderly the charges are read and the accused person pleads. In case of serious
cases if the accused person pleads guilty the court prosecutor is required to go through the
file and give evidence of what is contained in the police file. Then the accused person is
 required to respond to the charge. If they agree with the facts as set out in the prosecution
file, they are convicted on their own plea. If the accused person does not agree with certain
things in the prosecution file or dispute facts the court will enter a plea of not guilty or a plea
of pardon, autrefois acquit/convict.

CIVIL LITIGATION

18. Res gestae – a fact or opinion which is so closely associated in time, place and
circumstances with some act or event which is in issue that it can be said to form a part of the
same transaction as the act or event in issue, is itself admissible in evidence.

19. Res Judicata - means the conclusiveness of judgment. This Section requires that once a
matter has finally been decided by a competent court, nobody can be permitted to open it in
subsequent litigation. Res Judicata can apply in both a question of fact and a question of law.
Where the court has decided based on facts it is final and should not be opened by same
parties in subsequent litigation. The only way to avoid it is where there is a pending appeal
or where an appeal has been successful and therefore the decision has been reversed then one
cannot plead res judicata. If no appeal lies of right or an appeal has been dismissed, under
Section 7 one can plead res judicata, the parties will not be allowed to litigate on the same
issue. In order to know whether res judicata applies between co-defendants, 2 things must
exist

● There must have been a conflict of interest between the co-defendant;

● It must have been necessary for the court to decide upon that conflict in order to grant the
relief sought by the plaintiff;
● The questions between the co-defendants must have been finally decided; and

· The co-defendants must have been proper and necessary parties.

20. Difference between res Judicata and sub judice - With regard to res judicata it relates to
a matter already adjudicated upon while sub judice relates to a matter pending for trial or
judicial enquiry. One of the two doctrines bars trial of the suit where the matter in issue has
already been adjudicated upon in a previous suit this is res judicata, sub judice bars trial of a
suit in which the matter is pending. Under what circumstances can one raise objection on the
basis of res judicata and sub judice? Once the matter is decided unless there is an appeal you
can raise objection under res judicata but where there is an appeal one can raise sub judice

21. Difference between res judicata and estoppel – Estoppel is a doctrine of equity which has
been accepted for century as a mode of ensuring justice is done as between parties where the law
does not satisfy that requirement. One may look at res judicata as a branch of the law of estoppel
and we have estoppel by verdict or estoppel by judgment or by verdict and the rule of
constructive res judicata is nothing else but a rule of estoppel.

22. Judgment in default of defence and appearance – A Judgment is a statement given by a

Judge on the grounds of a decree or Order. Default judgment – Made when either the defence
fails to enter appearance to defend within 14days of service of summons to enter appearance or
when the plaintiff fails to appear for determination of the suit
Assuming the defendant has been served and opted not to defend the plaintiff may apply for
judgment in default of defence. Where either party fails to appear for the hearing the other party
may apply for judgment in default of appearance.

22. Ganishee Proceedings Order 23 – where one has a decree but property of the judgment
debtor is not in the hands of the judgment debtor. These are proceedings instituted by the decree
holder against a third party holding property of the judgment debtor.

23. Interpleader proceedings - Arises when a person holding property applies to court to
determine between two adverse parties claiming the property, who should get the
property. Application is by originating summons

24. Cross examination of witnesses – one is allowed to ask leading questions, question a
witness on previous testimony and it is not restricted in any way. There are 3 aims of
cross examination
· To elicit further facts which are favourable to the cross examining party;
· To test and cast doubt on the evidence given by the witness in chief;
· To impeach the credibility of the witness.

25. What to do before u institute a suit - Serve the defendant with a demand letter
26. Content of a demand letter

· Name and address of the advocate, client and recipient

· Facts of the case

· Act/breach committed

· demand

· damages sought

· threat/consequences of not heading to the demand

 27. Elements of defamation

Defamation is a false statement about a person to his discredit which exposes him to hatred,
ridicule and causes him to be shunned or avoided by right thinking members of society.

Forms: libel – permament form e.g written, printed artistic work, picture

Slander – merely spoken, in form of a sign or a gesture

Elements: the statements are false; Defamatory; clearly referred to the plaintiff, published to a
third person

28. Defences in defamation:

a) justification - the statement is true
b) Fair comments on a matter of public interest
c) Absolute privilege – parliamentary proceedings, judicial proceedings,
statements between advocates and clients and those between husband and wife, state
communication.
d) Qualified privilege – reports on parliamentary and judicial proceedings,
statements made in the performance of a dutyi.e statements made to protect an interest
e) Offer of amends - publication of apology and deposit of a sum of money in
court
f) Consent of the plaintiff to the publication

29. Difference between set off and counterclaim - Counterclaim happens when the
defendant has some claim against the Plaintiff. Usually the option is that the
Defendant will have a choice either to institute a separate suit or set up their claim
in the defence
A set off happens where the plaintiff has a claim of 1000 and the Defendant argues that
the Plaintiff owes him 500/- you settle for a set-off

There are two major distinctions

1. A set-off maybe described as a shield which operates only as a defence to the
plaintiff’s claim; whereas
2. A counterclaim may be described as being both a shield and a sword. A Counterclaim
is basically a cross-action and is in fact usually treated as a separate suit even for
billing purposes by advocates.

When you draw up a counterclaim and serve the plaintiff, the Plaintiff must draw a
defence to the counterclaim and serve the Defendant. The defence must be specific and what
is not denied is deemed to have been admitted. Whenever you have set-off the plaintiff has to
reply to it.

30. Is a counterclaim separate document from a defence

A counterclaim is usually treated as a separate suit but in most cases to avoid multiple suits and
reduce costs it forms part of the defence

31. Trespass: Unlawful interference with one’s body or property without consent.
Trespass to person includes – assault threat to cause grievous harm, battery actual
infliction of harm false imprisonment unlawful restriction of a persons liberty

Trespass to land –

There must be interference

The interference must occur on the possessor’s land or property

The interference must be voluntary/ deliberate/ intentional

The plaintiff must possess the land

The act that caused the trespass must be direct

Defences In trespass to land – Neccessity, Lawful Authority, Licence

32. Summary judgment

It may be obtained in 2 separate areas

· Where the relief sought by the Plaintiff is for a debt or a liquidated claim;

· Where the claim is for recovery of land with or without a claim for rent and profits. It
is for very straightforward cases

33. Interlocutory judgment-

The court will give an interlocutory judgment (temporary or in between) if the sum
sought is an unliquidated claim.

34. Liquidated and unliquidated damages

 Liquidated – specific figures are given

Unliquidated – not specific

.
35. Mitigating circumstances
If a person is sightseeing on a high building, sees an accident and falls down and dies
whom do u sue – one may sue the owner of the building if the building does not
have preventive measures to ensure the safety of persons

37. Negligence - this is an act or omission which a reasonable man would not do/omit.
Elements to be proved;

· That the defendant owed the plaintiff a duty of care

· That the duty has been breached by the defendant

· That the plaintiff has suffered damages as a result of the breach

It gives rise to the Neighbor principle – in Donogue v Stevenson – it was stated that a
person ought to bear in mind the consequences of his actions on his neighbor, and a
neighbor is a person who is closely or directly affected by the results of ones action.

38. Rylands v Fletcher – the principle of Strict liability

A person who in the course of an unnatural use of his land accumulates something that
would harm another if it escapes is liable for the damages or injury caused by the
escape of the harmful object.

39. Defences of nuisance - Nuisance may be public or private. Public nuisance is some
unlawful act that endangers or interferes with the lives, property and comfort of the
public e.g. an obstruction of a road. Private nuisance is the unlawful interference
with the enjoyment or another’s use of land e.g. loud noises, smells, smoke

Defences include:

Statutory authority

Triviality – the act or omission is small

Lawful use of land – the act is lawful

Reasonable act or omission

 Prescriptive right – the act had been going on for a period of time without the
plaintiff making a complaint

40. Ways of commencing a suit

By plaint; notice of motion; originating summons, petition, appeal

41. What to consider before instituting a suit/Essentials of a Civil Suit

· There must be a court of competent jurisdiction

● There must be parties
● There must be a course of action
● There must be pleadings
● There must be a subject matter
● There must be relief sought and prayed for;
● There must be service of those pleadings; service and summons
● There must be appearance.

42. Judicial review,

At what stage does the suit commence – this is an application to question or seek to
have reversed the decision of a public body based on an illegality. Done in the high
court. Section 8 of cap 26 provide for 3 prerogative orders:

· Certiorari - It is an order for quashing or reversing an action of a public

body/authority. It must be brought within 6 months. Order 53 Rule 2
· Prohibition - Restrains a public body from doing that which is illegal or
infringing on the rights of the applicant. Order 53 Rule 1-leave is
mandatory
· Mandamus requires a public body to do a duty imposed on it by law.
Apply only after requiring the public body to act and it has failed.
An ex-parte application for leave by way of chamber Summons, accompanied by a
statement setting out the remedies sought and the grounds on which they are sought
and a verifying Affidavit. Leave may be granted free or with terms e.g. Costs, giving
security. Application be made by way of notice of motion within21 days after leave has
been granted. R. 3(1)
Notice must be served upon every person who may be directly affected by the order.
Rule 3(2)
An affidavit of service indicating the date, place and time of service, and who was
served must be filed before the notice is set down for hearing. Rule 3(3). R. 4(1) Copies
of the statement accompanying the application for leave is to be served with the notice.
Fix the hearing date 8 days after service of the motion. Hearing is restricted only to the
grounds and reliefs set out in the statement accompanying the application for leave.

43. Defend kethi

44. How do u enter appearance

Once you receive the summons, a party must enter appearance by filing a
Memorandum of Appearance and you can enter appearance yourself or your
advocate can enter appearance on your behalf. There is a standard document for
this. If a person does not enter appearance, judgment can be entered in default of
appearance.

45. Modes of terminating proceedings

v Stricking out of pleadings - on the ground that—

(a) it discloses no reasonable cause of action or defence in law or

(b) it is scandalous, frivolous or vexatious; or

(c) it may prejudice, embarrass or delay the fair trial of the action; or
(d) it is otherwise an abuse of the process of the court,
v Summary judgment

46. Where the defendant is nowhere to be found how do u effect service - the court may
on application order the summons to be served by affixing a copy thereof in some
conspicuous place in the court-house, and also upon some conspicuous part of the
house, if any, in which the defendant is known to have last resided or carried on
business or personally worked for gain, or in such other manner as the court thinks
fit.

47. A person out of the country - In such a case you can serve them outside jurisdiction
only after the court grants you permission to do so. You will apply to the court for
leave to serve outside the jurisdiction of the court. Application is by way of
Chamber Summons supported by an Affidavit. Normally you will tell the court the
mode of service that you want to use.

48. How do you serve a foreigner? Service can also be ordered by the High Court
anywhere in the commonwealth. You can serve a foreigner within Kenya provided
 the course of action against them arose in Kenya and if the foreigners are lawfully
in Kenya and on their own volition.

Where the defendant is a public officer or an officer of a local authority, the court may,
if it appears to it that the summons may be most conveniently so served, send it for
service on the defendant to the head of the office in which he is employed, together with
a copy to be retained by the defendant.

Where the defendant is a soldier (but not an officer), the court shall send the summons for
service to his commanding officer, together with a copy to be retained by the
defendant.

51. Service on the government -The Attorney General being the government legal
adviser is mandated to receive all legal service where the government is a party;
you can serve the AG personally or deliver the summons to the offices that he
occupies in his legal capacity. You can also serve an agent of the Attorney
General. In normal practice the Attorney General has mandated personnel who
can receive services on his behalf. You can also serve the AG by registered mail
and the time within which delivery should be effected should be same as that or
ordinary post.

52. Service on a corporate or company? The accepted practice is to serve the

company secretary, a director or any principal officer of the company. When
serving the principal officer one must take full particulars of the officers and
indicate it in the affidavit. If you cannot find any of these persons then you can
effect a service by way of a registered post to the last known available address of
the corporation you can look this up in the company registry.

53. How to effect service to aperson in jail/ In police custody - the summons shall be served
on him personally in the presence of the officer in charge of the prison or serve the officer in
charge of the prison and if in a police station you serve the OCS and normally you would
have to explain to them who the person is after confirming that they are in their custody.
Whoever receives the document has to sign at the back of the copy. You need an extra copy
to leave to the officer in charge and one to give to the defendant. You must ensure that your
service is acknowledged and always make a return of service.

54. When does the defendant have a right to begin

 ● Where the defendant admits the facts alleged by the plaintiff but raises an objection on a
point of law, the defendant will be entitled to make his submissions on the point of law.
E.g. an objection on limitation of cause of action being time barred by the Limitation of
Actions Act or matter is res judicata or subjudice. Practice is that the objection should be
raised at pleadings. Although nothing prevents one from raising it at the time of trial.
● Where the defendant admits the fact alleged by the plaintiff but states that the plaintiff is
not entitled to begin e.g. suit for recovery of an alleged debt and in this case the
defendant admits the facts, that in fact he did receive the money from the plaintiff but that
the money was not a debt but rather a gift and is therefore not liable to repay the money.
In this case the defendant shall have the right to begin in order to make submissions in
order to show circumstances why the money should not be paid.

55. The status of justice ombijja after being declared unsuitable to serve the judges n
magistrates board

56. Third party proceedings - These are proceedings instituted to include a party(s) to a
proceeding as defendants. The rationale for 3rd party procedure is to prevent a multiplicity of
actions. The 3rd party is brought to avoid multiplicity and to avoid the same facts being tried
with different results. In 3rd party proceedings one can claim indemnity or contribution.
Indemnity is where a party is alleging that they are entitled to reimbursement. This could
arise from court or contract. For example under the Law of Insurance the insurance is bound
to indemnify the insured if liability is proved. Indemnity can also arise from a tort.
Contribution is partial indemnity, simple one is saying that they are supposed to pay but
somebody else is also responsible and should pay a portion of the liability.

57. Instances when you can settle a suit out of court

● Plaintiff may discontinue suit;

● Plaintiff may withdraw part of his claim.
● Defendant may submit to judgment.
● Defendant may make payment into court in satisfaction of the plaintiff’s claim.
● Defendant may compromise with plaintiff on certain terms.

58. What is a judgment? A Judgment is a statement given by a Judge on the grounds

of a decree or Order. It is a final decision of the Court to the parties and the
World at large by formal pronouncement or delivery in open court. Order 20 Rule
4 to 5 set out essential elements of a judgment:

● Contain a concise statement of the facts of the case;

● Contain issues for determination;
 ● The decisions on each of those points;
● Reasons for each of those decisions.

59. Striking out of pleadings: Order 51 Rule 13 The court may at any stage of the
proceedings order to be struck out or amended any pleadings in an action or
anything in any pleading on the grounds that:

● It discloses no reasonable cause of action or defence;

● It is scandalous, frivolous and vexatious.
● It may prejudice, embarrass, or delay fair trial.
● It is an abuse of the process of the court.

PROBATE

60. Types of grants

a) Grant of probate – made in respect to all the property to which the will
provides

b) Grant of letters of administration :-

i. Grant Of Letters Of Administration With Will Annexed - made in
circumstances where either:-

● the deceased left a valid will, but there is no proving executor, i.e the will does not
appoint an executor(s) or
● the executor(s) appointed has pre-deceased the testator or the executor(s) has renounce
executorship
● the executor(s) appointed has been cited to take out a grant of probate and has failed to do
so (S 63 the LSA).

Made to the following:-

● The universal or residuary legatee, (person entitled to the remainder of the estate
after payment of debts/liabilities and distribution),
● A personal representative of the residuary legatee,
● The person or persons entitled to the administration of the estate of the deceased
if he had died intestate,
● The public trustee,
● Any other legatee and creditors

ii. Grants of Simple Administration –

● · the deceased dies totally intestate or

 ● · where his will is invalidated and
● · where intestacy is partial, it will be made in respect of property that is not
dealt with under the deceased’s will. Made in order of affiliation to the deceased

Iii. Limited Grants

(a) Grants Limited as to purpose

(i) Grant ad colligenda bona (S 67 LSA) – limited to the purpose of collection and preservation
of the assets, applies to assets likely to be wasted before getting a full grant e.g. perishable
goods. A full grant takes about 2 months and within that time assets may be wasted.

(ii) Grant ad litem – issued for purpose of commencing/defending legal proceedings where the
estate is a party to the suit (paragraph 15 of the 5th Schedule to the LSA)

(iii) Grant pendente lite - is granted where there is a pending suit relating to the estate. Such
grant is issued so that the estate is administered during the dispute or pendency of suit. It is
limited to the duration of the pendency of the suit.

(iv) Grant de bonis non administrates – issued to administer an unadministered part of the estate
or where estate is incomplete or partially administered because the administrator has left the
jurisdiction, died or abandoned his administrative responsibilities

(v) Cessate grant – issues where the original grant was limited as to time and that period has now
expired leaving administration of the estate incomplete.

(vi) Temporary grant by a resident magistrate (S 49) – issued by the resident magistrate. Similar
grant to the ad colligenda bona except that in addition to collection and preservation of assets,
the holder has authority to pay debts.

(b) Grants Limited as to property - Under paragraph 13 of the 5th Schedule.

It may be granted where a testator appoints executors only for certain assets in a specified area
e.g. an executor for Mombasa property and another for Kisumu property. Also applies to where
deceased is domiciled elsewhere but has property in Kenya. Grant will be limited to his property
in Kenya.

(c) Grants Limited as to time - Paragraphs 1 to 10 of the 5th Schedule, and S 49 of the Act.

(i) Grant durante aetate minore - taken out where either the executors or the administrators are
minors and as such they are not entitled to a grant in their own right The grant automatically
expires when the minor reaches 18 years old, unless some other time is specified by the court.
(ii) Grant durante absentia - Where the personal representative is outside the jurisdiction, the
court may grant representation to another person limited to the duration of the absence of the
personal representative (paragraphs 4, 5 and 6 of the 5th Schedule).

(iii) Grant where will is unavailable - Where the deceased had made a will, but the same is lost,
misplaced or unavailable a limited grant may be given until the original or more authentic copy
is found or availed

(iv) Administration for use and benefit of a person of unsound mind - Where the person who
would be solely entitled to the estate of the intestate is mentally incapacitated, Grant limited to
duration of disability.

(v) Temporary grant limited to collection of assets and payment of debts - This is provided
for under S 49 of the LSA and rule 37 of the P & A Rules. It is related to the grant ad colligenda
bona, the only difference between them being that the limited grant under S 49 goes beyond
collection of assets to cover payment of debts. It is made pending the making of a full grant.

(vi) Special limited grant LN No. 39 of 2002 –made in special circumstances where the urgency
of the matter is so great that the court cannot make a full grant within sufficient time.

Foreign Grants - If the deceased has movable assets outside Kenya, it is necessary to obtain in
that country a separate grant that fulfils the probate requirements of that country. For real
(immovable) property only the law of Kenya will apply. S 4(1)(b) provides that succession to the
movable property of a deceased person, wherever situated, shall be regulated by the law of the
country of the domicile of the person at the time of his death

61. Relation of criminal law to probate

● The importance of the existence of the two elements of a crime incases of murder. A
person who murders another cannot benefit from the property of the person he has
murdered. The murderer is treated as though he died before the deceased
● Intermeddling with the property of a deceased is a crime.

62. Who is an executor - person appointed by the testator under his will to administrate his
property and distribute it among his beneficiaries. He derives his authority from the will. The
executor applies for the grant of probate and another other necessary grant.

63. How to deal with an estate of a person who has died intestate:

Section 35 governs the monogamous situation where the couple has children. In such
cases the surviving spouse is entitled to the personal and household effects of the
 deceased absolutely with a life interest on the whole residue of the net intestate
Estate.
Section 36 where the deceased has left one surviving spouse but no child or children.
The surviving spouse is entitled out of the net intestate to the following:
1. To the personal and household effects of the deceased absolutely;
2. To the first Kenya Shillings 10,000/- out of the residue of the net intestate Estate;
or 20% of the residue of the net of the intestate Estate whichever is greater;
3. A life interest in the whole of the remainder i.e. over the 80% of the residue,
Section 38 deals with the situation where the intestate has left a surviving child or
children but no spouse. In such circumstances the net intestate devolves upon the
child or children.

Section 39 is about where the intestate leaves no surviving spouse or children either because
he/she never got married or they predeceased her, the property should devolve upon the kindred
of the intestate or blood relatives of the deceased in the following order of priority;

Section 40 - This provides for division of the property of an intestate where the deceased is a
polygamist. The Estate of such a deceased person should be divided as follows:
1. His personal and household effects and residue of the Estate should in
the first place be divided among the houses according to the number of
children in each house;
2. The Estate is divided in accordance to the number of children in each
house.

64. If the testator makes an oral will because he fears he’ll die of cancer n two weeks later he’s
involved in an accident and dies is it an oral will
Section 5 a testator has testamentary freedom. Section 8 a will may be oral or written.
Section 9 an oral will is valid if made in the presence of two witnesses and the
testator dies within 3months after making the oral will

65. Gift inter vivo and donatio mortis causa

Gift inter vivo means that the transfer of the property becomes operative during the
lifetime of the donor whereas a donatio mortis causa is a gift made in contemplation
of the death of the donor and it passes to the donee after the death of the donor. It
resembles a gift inter vivo in that it takes effect when the delivery takes place but it
only becomes absolute if the donor dies

66. How is a will revoked

Section 5 of LSA provides that a person has testamentary freedom to make a will.
Section 8 a will may either be oral or written. If oral there should at least two
witnesses and the testator dies within 3months of making the will(section 9 &10). If
written it should be executed and attested to. A will may be revoked section 17.
Section 18 it may be revoked by :- total destruction ie tearing or burning; by marriage
unless it was contemplated; by writing another will or codicil; where the will is lost
without trace

67. How do you relate revocation by destruction to the law of evidence

Where the will is being contested upon and it has been destroyed by destruction the
rules of evidence demand that for the revocation to be valid two things must be
proved. That the testator had the intention of the actual destruction of the will and an
intention to revoke the will. Both elements must be present. The actual destruction
must be by burning, tearing or otherwise destroying the will.

68. ejusdem generis rule

69. Who is an administrator, executor and trustee n how are they appointed

Executor – A personal representative appointed under a will to distribute the property

of a dead person according to the terms of the will. Section 6 of the Law of
Succession Act provides that a testator may appoint his executor or executors by will

Administrator – A person appointed by the court in case of intestacy, and in testate

cases where there is no proven executor

Public Trustee – An office in the Attorney-General’s chambers, which is designed to

administer the estates of those persons who have appointed it to act as such or those
who have failed to appoint anyone at all

70. Procedure for obtaining a grant of letters of administration where there is no will
The beneficiaries chose among themselves a minimum of two people and a
maximum of four people to make the application. The application is made with
the consent of the beneficiaries, accompanied with the will, list of beneficiaries,
property, death certificate, fees of 2,750.

It takes the form of a petition and is filed in the High Court registry. The court order
for its advertisement in the Kenya gazette, then the grant is made after 30days where
there is no objection. The applicant apply’s for its confirmation after six months.
 71. Procedure for a grant of probate and letters of administration with will annexed

The executor is the person to apply for the grant. Application is by a petition
accompanied with the original will and 2 copies of it together with the original death
certificate of the testator. The file is filed in the High Court registry and the judge
orders for its advertisement in the Kenya gazette. After 30days without any objections
a letter for grant is issued. After six months the grant is confirmed

72. Resealing
Foreigner with property in Kenya
The grant is applied in his country of origin, after being granted it’s filed in the high
court in Kenya and the normal procedure of gazettement is done.
Kenyan residing in a foreign country
Grant is applied in the country of a person's domicile. Commonwealth countries allow
application for grant in any of its countries. The grant is then filed in the High court in
Kenya and the normal procedure takes place.
A grant made in the High court may be presented in another country for resealing

73. Competent witness in probate – A person of sound mind and of full age.

CONVEYANCING

74. Documents in a professional undertaking

This is an unequivocal declaration of intention addressed to someone who reasonably

places reliance on it

75. Constitutionality and effect of new land laws

Article or section 86

76. Duties of a purchaser's advocate

PRELIMINARIES

Conduct a client interview to get acquainted with the transaction and obtain
instructions, discuss fees, ascertain clients financial arrangement. Advise client on
conducting a survey then verify the report, taxation matter i.e. rent rates stamp duty

INVESTIGATION
Verify the title document from the vendor/ his advocate. Conducta search, make pre
contract inquiries and requisitions, physical inspection of the property
CONTRACTUAL STAGE
Receive and hold the deposit in the clients account. Verify the draft contract and make
pre contract inquiries. Consider sellers' replies to pre-contract enquiries and requisitions.
Consult the same with the buyer and amend the draft contract as necessary and return to
the seller.
DELIVERY
Arrange for the execution of the contract then return engrossed and executed contract
together with deposit cheque to the sellers advocate. Receive counterpart contract signed
by the seller Draft conveyance and send it for approval and upon approval engross it
COMPLETION
Make pre-completion searches. Make further preparations for grant of mortgage and
ensure that this is in place. Arrange for execution by the buyer and receive all monies
(disbursement, fees, balance of purchase price and apportionments). Attend completion
and report to the client. Stamp conveyance & Mortgage. Get conveyance endorsed with
assessed value and lodge the conveyance for registration. Make post completion searches,
Account to client and release title documents to client.

80. Contract completion documents for land bought in the CBD

Original title Rent Clearance Certificate, Rates Clearance Certificate,

Land Commissioners Consent, Transfer Document, Rent Receipts, county government
consents

81. Nemo dat quod non habet rule

A person can only receive title to property from the legal owner of the property. A
person cannot transfer a title which himself doesn’t have.
Sec 23 of sale of goods act

82. Joint tenancy and tenancy in common

Joint tenancy – all units are present. Title, possession, time and interest but for
tenancy in common the unity of time is missing

83. Where are searches conducted

Lands Registry, Companies Registry, survey department

 84. Contract completion documents for agricultural land

Original title, land control board consent, rates and rent clearance certificate, sale
agreement document, spousal consent, KRA PIN

85. Pre contract searches for the purchaser

Inspection of title records or register at the Lands Registry Search, search at the
Companies Registry to confirm existence of the Vendor or solvency of such Vendor,
search at the Local Authority Registry to ascertain any planning hindrances or
notices, search at the Survey Department to reconfirm or identify boundaries

86. Ways of investigating title

Searches - Written request to the registrar to carry out a search. Results are
guaranteed by both the registry and the government as accurate. One may be indemnified for
any loss resulting from a defective search. Discovers entries made that may restrict
registration of a conveyance on the land. Encumbrances are discovered.
Pre-contract inquiries - Touch on the physical stature of the property
Fetch information that would not ordinarily be available through an official or personal
search. Helps to ascertain the value of the property; physical and patent defects; ascertain
those in occupation; boundaries; check on the fittings and fixtures if any.
Requisitions – these are queries or objections that arise from the investigation of the
title

87. The purchaser's advocate is responsible for the following:

· Carrying out the search
· Scrutinizing title documents
· Approving sale agreement and sends out requisition for the same
· Preparing transfer or conveyance and engrosses the same
· Attending to the execution of conveyance or transfer where necessary
· Stamping and lodging documents for registration
· Obtaining and paying the purchase monies to the vendor’s advocate

88. Vendor’s advocate should carry out the following fundamental duties:
(a) Prepares agreement
(b) Prepares title documents
(c) Approves transfer/conveyance
 (d) Procures execution of transfer of conveyance
(e) Attests the execution of a transfer or conveyance
(f) Receives and accounts for the proceeds of sale to his client

89. Duties of an advocate acting on behalf of the bank (financier)

Make an undertaking of releasing the funds on registration of the property and
mortgage

COMMERCIAL
90. Corporate bankruptcy – arises where

91. Conversion of a business to company

This transaction requires that a Notice of Cessation (Form BN/6) be prepared by the advocates
and presented at the Registrar of Companies. This document notifies the Registrar that the
owners of a particular business wish to stop using a particular business name. It will be presented
together with the Original Certificate of Registration of the Partnership. Once the Notice of
Cessation has been approved at the Registrar of Companies, the advocates should reserve the
name that the clients wish to use for the company they intend to incorporate. This is done
through a letter to the Registrar requesting him/her to conduct a search confirming that no
company by that name exists, and if so, to reserve the name

92. Essentials of a contract:

● Offer and acceptance
● Intention to create legal relations
● Consideration
● Parties have capacity to contract
● Parties must consent to contract freely and without fraud or force
● Objective of the contract must be legal

93. Racial discrimination in a company n how do u deal with it as an advocate

94. Grounds for Winding up by court

a) Special resolution by the co. that it should be wound up by the court.
b) The co doesn’t deliver the statutory report to the registrar or defaults to hold the
statutory meeting.
c) Inability of the company to pay its debts.
 d) The co. hasn’t commenced business within a year of its incorporation or has
suspended its business for a year
e) The no. of members of the co. has reduced (private co. below two, public
co. below seven
f) Court considers that its just and equitable to wind up the company
g) A co. incorporated outside Kenya but carrying out business in Kenya has
liquidation proceedings commenced over it in the country it was incorporated.

95. IPOs, prospectus expert opinion which companies carry them out

Initial Public Offer - This is the first issue of shares of the company to the public after its
inception. With respect to initial public offers the prospectus should include:

i. An accountant’s report confirming compliance by the

company with financial disclosures under rule 10 (1)

ii. Legal opinion regarding:

iii. Licences and consents for the particular business.

iv. Validity of evidence of ownership of land, plant

equipment and other assets

v. Any contracts with respect to proposed issue of

securities.

vi. Any material litigation

96. Prospectus
It invites the public to subscribe to shares or debentures. It is a document which sets out the
advantages that accrue from the investment in the company. It may be issued by the
Company, or a promoter of the company.
Could be a direct invitation to the public or offer of sale by an issuing house. It could also be
to invite existing share holders to take more shares i.e. rights issue. Only public companies
invite the public to subscribe for shares or debentures
The company law seeks to compel companies to provide the necessary info in the prospectus
to enable investors make a decision one way or another to subscribe for shares or debenture
In particular full compliance and disclosure:
v Who are the directors and what benefits do they get?
v What profits are being made by the promoters?
v What is the amount of capital required to be subscribed, amount received in cash,
and the precise nature of the consideration given for the remaining capital
v Past company financial records
 v Contractual obligation of the co. including commissions it will pay and preliminary
expenses
v State the voting and dividends rights of each class of shares

97. EXPERTS OPINION

Prospectus provides a statement by an expert regarding the co or intended raise of capital or
the intended investment by the co. (with his consent and the prospectus must state so).
Experts include engineer, valuer, accountant or other person whose profession gives
authority to his statement

98. What vitiates a contract – these are Factors that make a contract void
Misrepresentation Concerned with the principle of
· Duress or undue representation consent
· Mistake
·
Illegality Concerned with public welfare

99. Can a contract be between an insane person

The general rule is that an insane person does not have the capacity to enter into a contract and
the contract may be voidable. However, liability of the insane person exists in case of contracts
involving necessaries i.e items considered to be suitable for the insane standard of living

100. Remedy of accounting in company law

101. Who are the agents in a company – any person authorized to negotiate on behalf
of the company e.g. a manager, a director in certain cases like where the
shareholders authorize them to negotiate a purchase on behalf of the members

102. Types of company meetings and who convenes meetings of a company

Statutory meeting – by directors – to consider the statutory report

Annual general meeting – directors, in default by the registrar
Extra ordinary meeting – directors, directors with the requisition of the members,
members requisition, by court,

103. What is the committee of revenue allocation

 104. Explain the winding up of a company by a court order
Commences when a petition is presented in court based on any of these grounds
Section 218 C.A

105. Duties of a company director

Statutory duties

Ø S. 191 - Prohibition of loans to directors.

Ø S. 192 – Approval of company in a GM requisite for payment by it to

director for loss of office (also see s 193).

Ø S. 194 – Duty of director to disclose payment for loss of office etc

made in connection with transfer of shares in a company.

Ø S. 196 – Register of directors’ shareholdings etc.

Ø S. 197 – Particulars in accounts of directors’ salaries, pensions etc.

Ø S. 198 – Particulars in accounts of loans to officers etc.

Ø S. 199 – General duty to make disclosures for purposes of ss 196, 197

& 198.

Ø S. 200 – Disclosure by directors of interests in contracts to BOD.

Ø S. 201 – Register of directors and Secretaries.

Ø S. 202 –Particulars with respect to directors in trade catalogues and

circulars.

Duties of care and skill

Ø Exercise a reasonable degree of skill expected from a person with his expertise
Ø Not bound to give continuous attention to the affairs of the company
Ø May delegate some of his responsibilities to officials or employees of the co.

Fiduciary duties of loyalty and good faith

● Directors should not exceed their powers: They may not act illegally, dishonestly,
ultra vires the company or beyond their own powers.
● Directors must act with an unfettered discretion:
● Directors should not allow their personal interests to interfere with their duties to
the company
 ● A contract between a company and a director or with a company where director
has interests is voidable at the instance of the company
● A Director is accountable to the company for any secret profit made by virtue of
his fiduciary position.
● A director may not compete with the company.
● A director may not misuse confidential information.

106. Formation of company

● Conduct a search and reservation of the intended company names

● Filing of the Memorandum of Association and Articles of Association
● Filing of other 3 documents: physical address of the company, amount of
nominal capital, list of names and addresses of the directors and secretaries,
certificate of compliance
● Paying Stamp duty
● Commencement of business once the registration certificate is issued. For a
private company it may commence immediately whereas a public company
commences once it has successfully issued a rights issue

TRIAL ADVOCACY
107. Provision in the advocates Act on working under an advocate before one opens
his or her firm – section 13 of the Advocates Act - a person qualifies to be
admitted to the bar after having worked for not less than two years under an
advocate that has been in practice not less than five years.

108. What kind of questions do u ask in exam in chief

● Based on the issues that arose in the cross examination. The object of
examination in chief is to elicit facts that are favourable to the case of the party
calling the witness. In other words the exam in chief is when you question your
first witness. Sometimes the plaintiffs themselves. Normally they will be giving
evidence that will be favourable to their case.
● Do not ask leading questions
● Ask one fact at a time
● Questions may begin with: what, where, when, how, which

109. What issues would arise where 3 law firms working in one room

● Conflict of interest
 110. Initial client interview
Definition – the initial communication with the client
Purpose – to source for information and get proper instructions from the client.
Client states the facts of his legal problem
Build clients confidence by ensuring he knows information he gives is confidential
Ask questions to be able to get necessary facts.
Give the client proper advice

111. Re examination - The re examination is a kind of retrieval process. This

is when you try to heal the wounds that were opened up in cross examination.
Most importantly, re-examination is strictly restricted to matters that arose at
cross examination. The court also has powers to ask a witness questions for the
purpose of clarifying points.

LPM

112. What are CBAs? How are they enforced

These are agreements that are made after negotiations between the employer/employer
organizations on one hand and employees on the other hand.

Persons involved – employees, employers and the trade unions

It includes terms and conditions involving the employment, as agreed in the bargaining process

The CBA should be registered with the ministry of labour.

113. What is the agent- principal relationship

This is the relationship that arises when a person is authorized to act on behalf of
another. The agent may be authorized to enter into a contract, to buy goods e.t.c.
Authority may be:- actual, apparent or usual
Types of agents:- special, general and universal
Role of agents:-
Factors– in possession of goods to be sol on behalf of the principal
Broker – negotiates on behalf of the buyer and seller
Del cerdere – takes extra risks to indemnify the T
Merchantile agent
Commission agents – enters into contract on behalf of P
Distributorship - An agent can be appointed to buy goods and resell them in his own
account
 112. Closing arguments in faith muenis case/other case

The Sale agreement for the land, marked as exihibit B, is clearly only in Alponce
Muoki's name. There are no Over-ridding interest over the land. The sale agreement
does not contain any information on over-ridding interests. Charles Muema has also
stated that the land transaction was only with Alphonce. This is a case of a kind
hearted person showing mercy to his fellow human being and his act of kindness
taken advantage of. Alphonce did have a short affair with Faith Muoki, which led to
the birth of their son Sebastian. Out of generosity Alphonce let Faith live in his land
since she had no job and also as a way of providing for his son. At the time Alphonce
was not married, he was never known to be married even in the area he worked.
Alphonce does not appear in any of the photos exhibited in court. Neither do the
photos indicate that the people there, were attending any event. Mzee Nyamai who
claims to have attended a wedding ceremony, is a man who has in his age attended
very many ceremonies be it marriage, burial child naming, name it. Therefore it
would be difficult to remember one event out of the many ceremonies he has attended
furthermore that took place more than ten years ago. When Alphonce married just
like any man he intended to settle his family in his land. The period of 12years given
to Faith was long enough for her to find employment or a business to do and not just
take advantage of Alphonce Muokis generosity. Faith was given sufficient notice to
vacate which she ought to have done within the 12years.

113. Joinder of parties – ORDER 1 CPR

Parties who have a right to a relief in the same act or transaction/series of acts or
transactions may be joined as plaintiff. One may join parties liable in the same
transaction/against whom a right to relief exists in the same transaction/series of
transactions

114. What the court considers in granting an injunction

● That the applicant has a strong prima facie case/ case with probability of success
● That the matter is irreparable through damages
● An applicant for interim injunction must have a legal right in the subject matter which he
seeks to prevent by the conduct of the defendant to violate.
● One of the most important principles is the preservation of the property which is the
subject matter of the suit.
● In the application, the court must consider the balance of convenience, the opposite of
the balance of convenience.
● For an interim injunction to be granted, the applicant must show the existence of a real
urgency and not a caricature of it.
 ● Interim injunction can only be granted in cases of emergency.
● The applicant must not delay in bringing the application.
● There must be a subsisting action and relief to found an application for interim injunction
postulates that the applicant has a right the violation of which seeks to prevent and in
order to do so effectively, to ensure at that stage of proceedings that the subject matter of
the right be maintained in status quo.
● The court must consider the gravity of injury and the fact that the loss is irreparable.
● The applicant must establish or show that it is virtually or practically impossible to bring
a motion on notice considering the compelling sudden events.
● The applicant must show that the award of damages will not be adequate or enough to
compensate him.

115. Representative suits

These are suits instituted on behalf of a group of people to protect their rights and interests.
Representative suits are allowed in situations where instead of having a multitude of plaints in
court, you allow one or two to sue but judgment affects all of them. One must satisfy the court
that the parties have a common grievance and common interest. If that does not appear then the
court will introduce leave for representative action

Test suits- cpommon grievance but different interests

116. What is discussed in AGMs How often are they conducted

Provided for under section 131 of the Companies Act. They are held once in each
year. Members discuss:- business of declaring a dividend; consideration of the
accounts, balance sheets and the reports of the auditors and directors; election of
directors in place of those retiring and the appointment of and fixing of the
remuneration of the auditors.

117. What are extradition proceedings

Extradition is the return of a person who has come to Kenya after being charged with
a crime to the country he has been charged with the offence.
Deportation – the expulsion of a person out of a country
The attorney general files a miscellaneous application (through a notice of motion)

118. Tarquand rule/indoor management rule - persons transacting with a

company are entitled to assume that the internal company rules have been
complied with, even if they have not.

119. Termination of an agency

Agreement
Death of either agent/principal
 Bankruptcy of the principal
Discharge of duties by the agent
Operation of law

120. When do directors of a co become liable to third parties

When they engage in business which is not an objective of the company

When they act ultra vires

Engaging in illegal contracts

121. When an agent becomes liable to third parties

Where they act outside their scope of authority

Breach of a condition

Where he signs in his own name without disclosing his capacity as an agent

122. What are quasi contracts

123. When do contracts end/terminate

Performance
Frustration
Breach of the contract and one of the parties rescinds it
Merger
Agreement

124. What happens to an accused in court

Plea taking is conducted

125. If a man has two wives under polygamy then marries a woman under
statutory law do they qualify to be called wives
Succession law – they are both wives of the man as per section 3(5) of the LSA and
Section 29 they are his dependants

126. Difference between replying, verifying and supporting affidavit

Replying – gives facts answering to issues raised in the plaint
Verifying – used to accompany pleadings drafted during the preliminary
proceedings(plaint, defence and petitions) to verify statements made therein.
 Supporting - sworn by the advocate to support the correctness of pleadings made
during the occurrence of the suit in question(chamber summons, notice of motion,
originating summons)
Affidavit of service – filed by process server stating how service was carried out

127. How is service effected

The rule as to service is that it should be effected personally (Order 5). Where the defendant
cannot be found the server should use all due and reasonable diligent effort to search for the
defendant before he conducts a substituted service i.e. service on the wife/husband. Before
affixing the summons on the defendants door, the server must also use all due reasonable effort
to find the defendant or authorized persons and must state on the affidavit of service full
particulars of the premises

128. Persons authorized by law to effect service

Service will be done by an authorized process server, or by the court itself, which is rare, or
through the advocate’s offices where parties are represented. In practice the advocates will have
a clerk who doubles up as a process server

129. Duties of secretaries of a company

● Issuing notices of general meetings to the members of the co. with the
boards consent
● Issuing notices of board meetings to the members of the board
● Taking minutes during board and general meetings
● Keeping books and registers
● Countersigning documents to which the company seal has been affixed
● Making statutory returns of the company

130. Defence, various ways of attacking the plaint

● One may traverse or deny;

● One may confess and avoid;
● One may object on a point of law;
● One may admit or make an admission;
● Set off
● Counterclaim

131. Documents essential before trading(for a public co.)

Prospectus, consents, financial records of the company, contracts

132. Functions of official receiver in winding up

 They are in possession and control of the assets of the company
Issues a report on the capital, assets and liabilities of the company, the failure to pay
and the reasons for failure to pay. Where there cases of fraud, he makes a report of it.

133. Nemo dat principle

A person cannot pass a title which himself doesn’t have. One can only acquire title from the
owner of the property

134. Elements of defamation

The statements are false and defamatory, and they refer to the plaintiff and have been
published to a third person.

135. How to be and stop being a member of a company

Becoming a member of a company

· Agreement – allotment, Transmission, Transfer of shares, Compliance
· Estoppel

Termination of membership

Death; Bankruptcy; Redemption of preference shares; Liquidation of the company; Forfeiture;

transfer of all shares; surrender of shares; sale of shares held through the company’s lien;
repudiation of an infant

136. Sale agreement - This is an agreement for sale of property

Parties

Particulars of the sale – subject matter

Conditions and warranties

Completion date

Passing of property

Remedies in case of breach

ADR

Termination
Definitions and Interpretations

Incorporation of LSK Conditions for Sale

Agreement for Sale and interest sold

Special conditions

Capacity

Purchase price and Deposit

Completion documents

Assignment Clause

Default Clause

Non merger Clause

Disclaimer (refusal to accept responsibility)

General (usual)

Intention to be bound

Execution

137. Remedies in contract

Damages

Specific performance

Repudiating a contract

Rescission

Quantum meruit

Injunction

138. Why damages

Damages place the plaintiff in the position he would have been had the contract been performed.

139. Coincidence of actus reus n mens rea

140. Causation in criminal law
The evidence given must be proved to have be part of the facts in issue
The cause of things or relevant facts or facts in issue will be admitted to explain the
cause of an injury

141. Professional undertaking at what stage does the financier advocate do it

Made during completion of the contract

Mortgagee’s Advocate undertakes to pay the loan proceeds upon registration of the
Charge plus/or transfer simultaneously.

142. Contract completion – when does it happen and what is a contract

completion notice
After investigation of titles and execution of the sale agreement, the next and final
stage is the completion and transfer. The purchaser is to pay the balance of the price
and the vendor is to deliver the title documents for registration.
Contract completion notice – notice issued to the party that has failed to complete the
contract
a) Time limitation must be reasonable (21 days is reasonable notice)
b) must demand performance of the contract
c) must be explicit i.e. that you will rescind (cancel) the agreement if
performance demanded is not affected. You must leave no room that another
notice will be given
d) The notice must be served. Service can be effected on either the party in
default or his advocate e.g.
e) The notice must not be premature i.e. when the other party is in default
f) Indicate willingness to perform your part of the bargain. e.g. ability to grant
vacant possession etc,you have to walk the talk.

143. Will- I am with my son(20years) and a daughter(16years) with my

househelp, advise
144. Difference between refractory and hostile witness
145. Where do u conduct searches for IR81765 - Nairobi, CR34567 -
Mombasa, KWALE/KILIFI/BLOCK1 – Kwale district. where are the registries
located who is the registrar(under RTA Registrar of titles)

146. Arrests
This is the lawful apprehension of a person limiting his liberty. May be done by a
police officer, private person, magistrate. May be done with or without a warrant

147. Difference between advocates complaint commission and advocates

disciplinary committee
 ACC- Investigates complaints against an advocate
ADC – deals with case of disciplinary issues involving an advocate after being heard
by the ACC. Makes orders as to the punishment or costs to be made by the advocate

148. Whether the judiciary can try an advocate instead of the complaints
commission
Appeals from the ACC n ADC are made to the High court

149. Trial within a trial – voir dire

150. Retracted and repudiated confession – difference

A retracted confession occurs when the accused person admits that he made the
confession but now seeks to recant or take back generally what he said on the ground
that he had been forced or induced to make the statement (the statement was not a
voluntary one). Repudiated on the other hand is a statement that an accused avers that
he never made.

151. Mitigating circumstances factors that cause one to commit a crime e.g
provocation, self defence

152. Review

Review simply stated means to look once again. Under the Civil Procedure Act review is a
judicial re-examination of the same case by the same judge in certain circumstances. Section 80
of the Act gives the substantive right of review in certain circumstances, while Order 45 provides
the procedure thereof
153. Sentencing –
Occurs when the court makes the order or issues punishment to the accused person

154. Eminent domain

The power to take private property for public use by a state, municipality, or private
person or corporation authorized to exercise functions of public character, following
the payment of just compensation to the owner of that property. Art 40 it ois one f the
exceptions to the right to property

155. Cross examination

Conducted by the opposing advocate to one's witness. Done after re-examination.
Meant to discredit the witness. Questions deal with the credibility of the witness and
accuracy of his statements. Leading questions are asked. Meant to weaken the
evidence of the witness
Credit
 Confirm
Contradict

156. Last project in trial n LPM

Trial - pre trial advocacy

Pre trial advocacy refers to proceedings held before the official court hearing takes place. The
objective of pre trial advocacy is to clarify points of law and facts. It involves client
interviewing, legal research and documentation.

LPM- tripartite system

The relationship brings together the government, employers acting individually or
collectively and trade unions representing workers in a concerted effort towards the
promotion of consultation and cooperation in labour matters.
CB process
Dispute resolution process

157. EXAMINATION OF WITNESS

This is the questioning of witnesses to ascertain the accuracy of their evidence and
also to enable an advocate tell his clients story. There are three ways of examining
witnesses
Examination in chief, cross examination and examination in chief

158. How do u proceed as an advocate when the court orders u to go for ADR
As an officer of the court, its your duty to respect an order of the court. There are
situations where matters are referred to arbitration under an order of the court. This
happens where the parties may during the proceedings or hearing at any stage of the
hearing agree to have any dispute between them referred to arbitration. A matter may
be referred to arbitration by the court in exercise of its own discretion so as to enable
it to make a decision. Reference to arbitration as set out in a prior agreement between
the parties is different from where parties agree in the course of litigation to take the
same to arbitration but the parties must inform the court.

159. If your laptop was stolen in the library what do u do

Report to thpe security personnel or library assistants
160. Do an examination in chief using open ended questions (for the
complainant)
161. Doctrine of survivorship/jus accrescendi
In a joint tenancy – when one party dies, the other party gets the deceased share of the
property. The surviving party takes the whole property.
162. Terms of a contract
 Express and implied
Offer
Acceptance
Conditions
Passing of property
Remedies
Termination
ADR

163. Volenti non fit injuria –

A person cannot claim relief if he had consented to the tort or acquiesced his rights or
was aware of the tort but for some time did not protest or bring a claim.

164. Exclusion clause – what is it and what is needed to make it legal

They limit the rights of the parties to a contract

165. Sec 3(3) of LCA and its equal in the land act
Section 38 of the Land Act
166. Whether an oral contract is valid
It is valid if it has fulfilled all the elements of a contract, but it would be difficult to
enforce
Sec 3 of law of contract Act agreements for transactions in land must be in writing
167. What is in a contract completion clause
A clause stating the date and place of completion, together with what is to take place.

168. Capital offences and what they are

Offences which attract heavy punishment
Murder Treason Robbery with Violence
169. Who drafts a sale agreement – vendors advocate

170. What a purchasers advocate does with it – verifies it and raises pre
contract inquiries with the vendors advocate and also advises the purchaser on it.

171. How many engrossed copies do u need – two engrossed copies, one for each
party

172. Elements in murder and what mens rea in murder is called

Mens rea in murder is called malice aforethought. It involves the intention to cause
grievous harm, knowledge that the acts would cause grievous harm/death(forseeability)
 173. Wafula was hit by kevin's car on langata road and has come to u for
advice.
Get to know the full facts of the incident who was in the wrong. Advise him that he
has a right to claim for damages for the injuries sustained and for costs of treatment.
Prepare a demand letter to be served on Kevin and failure to admit liability or to
negotiate, he institutes a suit.

174. How do u conduct a client interview

175. X enters into a contract with y, for y to supply goods. X pays y, n y dies
before making delivery. X is attempting to sue, advising y’s widow.

176. What is res ipsa loquitor

Statements are to be construed just as they are.

177. Maxims in equity

He who comes tonequity must come with clean hands
Equity does not aid the indolent
Equity is equality

178. Difference between judgment and ruling

Judgment – the decision of a court in proceedings involving a suit
Ruling – decision of a court in cases of a petition/appeal/application

179. Objection proceedings.

You can stop execution by Objection proceedings under Order 22 rule 50 . Where property is
attached the attachment may be objected to through objection proceedings. Any person who is
entitled to have any legal or equitable interest in the property to be attached may at any time
before sale or paying out of the proceedings of the sale object in writing to the court.

180. Objections to the issue of a grant

After the application is gazetted, objections may be made within 30days.
The objector files his objection, in triplicate, to the high court registry. The registrar
notifies the applicants of the objection and also notifies the objector to answer to the
petition for grant, together with a petition by way of a cross application (petition)
supported with an affidavit. The registrar then refers the matter to the court for
directions and then notifies the parties involved of the time and place of hearing the
objections.
 Where the objector wishes to withdraw his objections he files a notice to withdraw.

181. Docs used to file objection to an application for letters of grant

An answer to the petition for grant
Petition by way of a cross application

182. B bought land from A, then got a buyer C, but B hasn’t completed
payment to A, how does B proceed

B may assign his liability for payment of the land to C, that is, C shall now be liable to
pay A. Must be done with the consent of A. if A consent this is known as novation, a new
contract is created between A and B.

183. What does a magistrate do at the end of the prosecution's case

184. What do u do in a defence proceeding as the advocate of the accused
185. Overriding objectives
186. An accused person who is insane walks into your office, how do u proceed
as a prosecutor
187. Difference between bail n bond

188. What is a charge and a discharge

The list of exceptions to the nemo dat rule

The main exceptions, from various sources, are:

(a)estoppel (conduct of the owner);
(b)sale under a common law or statutory power;
(c)sale under a voidable title;
(d)sale by a mercantile agent;
(e)sale by a seller in possession;
(f)sale by a buyer in possession

189. Application in conflict of interest

190. Forfeiture

191. Stakeholding

192. special grants

193. closing of pleadings

 194. xcteristics of a gift in contemplation of death

195. Explain what a 'bonus issue' is.

196. What is a 'rights issue'?

197. Enforceability of an international Bill of exchange

Hearsay evidence

198. What is 'noting and protesting' in bills of exchange

199. How are directors appointed?

200. Explain the relationship between Directors, Employees and shareholders with a
company

201. Validity of a will

202. Whats the last topic you did in defence

203. What is the meaning of the seriatim clause in a defence

204. what is a power of attorney and where do you register it

205. where do you register cr/sme number/sme other number

206. where do you register kwale/block sth/sme number

207. when someone is making an oral will and someone else is noting down is what
has been written down a written will?

208. when a client tells you what he wants in the will in his language and its
translated and u note it down in english what other docs should u attach to this will

209. talk about signatures on a will.is a rubber stamp a valid signature

210. Ultra vires

211. application of customary law,

212. deal breaking clauses in conveyancing

213. judicial review procedure

214. creation of agency

215. registered caveats,

216. stamp duty,

217. interlocutory proceedings ,

218. your client has just been arrested and is being rushed to makadara what will u
do next,

219. difference btwn hearing and mention date,

220. types of pleas,

221. what happens when a prosecution finishes presenting its case,

222. a wife married under cap 150 has heard his husband is getting married
tomorrow advice her with regards to stopping the marriage,

223. principles established in giella,

224. who is a dependant

225. How do you move court for grants,

226. have u ever seen the succesion act and how is it arranged(i.e sections then
schedules,rules,forms)

227. procedure for applying for a special limited grants,

228. Sources of law

229. Nullity and divorce

230. A kamba woman wants to divorce under customary law. How do you proceed?

231. Breach of contract

232. Circumstances under which a will can be challenged

233. My take on the marriage bill

234. Essentials of a will,

235. what's a codicil,

236. duties of an advocate to a client,

237. Confidentiality and Privilege

238. cab rank rule

Rondel v Worsley-

239. The principle of jus accrescendi in relation to commorientes

240. quicquid plantatur solo, solo cedit - fixtures

Cujus est solum- heaven to core
 241. Procedure of registering a Hire Purchase Agreement

242. 2.prof. indemnity cover

243. What is conflict of interest?

244. provision in the Constitution on Bill of Rights enforcement

245. What are Id parades and how are they conducted?

246. Rights of an arrested persons Article 49 COK

Right to an open court;

right to be notified of right of representation,

to know the charges made against one,

to have an interpreter, right to appeal,

247. Memorandum of association clauses

Name clause, business location and registered office,
Sec13 and 14 of Company Act
Name clause, Business clause, Purpose, Objects(Constitution)
Wish to form a company and that they are to be subscribers and to take shares
Affix signature sec 12

248. Diff btwn professional misconduct and professional negligence

Contravening professional code of conduct
Negligence is failing to exercise reasonable care and diligence when handling client matters

249. Failure of both parties or any parties to a suit to appear in court

250. diff between mortgage and charge

Mortgage is where the property transfers to the property to the mortagee

251. what happens after obtaining letters of admin then find out that some
property was left out in the application
The process of application for grant of letters of administration has to be carried out again.

252. Who is an intermeddler

An intermeddler is a person who acts on the deceased’s estate either by disposing assets without
any authorization from the L.S.A or other authority. Any person under sec 45 who interferes with
the estate of a deceased person without authorisation from court and the punishment is fine of
ksh 10,000 or 1 year imprisonment or both

253. What is striking out

This is when a suit doesn’t

254. Difference between striking out and dismissal of suits

Striking out is when a case discloses no reasonable action under law or if it may delay trial

255. You are a purchaser’s advo. Before completion, the vendor mortgages the property and
the purchaser insists on getting the property what do you do
Advise purchaser to retain purchase price or go to court and sue for specific performance as he
has performed his duty in the sale agreement. He can retain deposit of the balance of the
purchase price

256. What is an oral will?

Section 9 of LSA, it is a will done by members of the defence forces, before two witnesses. Must
die within 3 months of making the will.
Exceptions: Doesn’t apply to members of the armed forces where deceased died and the 3
months period has lapsed

257. Can spouses testify against each other?

The general rules is that sposes are not compelable witnesses however there are 3 exceptions
bigamy, sexual offences and matters affecting one of them

258. What is a company?

A body with a separate legal personality with ability to sue and be sued, enter into binding
contracts etc.
A company under the company Act 2015 is one that was incorporated under the Companies Act,
a Foreign company and one existing before the new Act.

259. What is the least no. of directors a private company may have/ public company
1 director for private
2 directors for public

260. Can children enter into contracts...what it the legal position

General rule is that minors cannot enter contracts because they lack capacity. However, they may
be exempted to do so if they are represented by someone who acts as a trustee for them

261. Exclusion clause...

262. Your client was driving along thika road and saw an advert on a billboard as he is short
sighted couldn't c an exclusion clause that was in small font he entered into a contract with co
that was advertising, co. breached its part of the contact can ur client sue? Advise

263. Caveat emptor buyer beware

The general rule is that during the negotiations leading to a contract, a party is not bound to
disclose information which might influence the judgment of the other party

264. Confessions
A confession comprises words or conduct, or a combination of words and
conduct, from which, whether taken alone or in conjunction with other facts proved,
an inference may reasonably be drawn that the person making it has committed
an offence. They are not admissible in Kenya ( section 25A of Evidence Act) particularly out of
court confessions which must be recorded i n either video or audio and the person recording must
have a higher rank than Chief inspector and a third party must be present. The accused must be
issued with a certificate showing what the accused had confessed and the court will still need the
accused to confess once again

265. Confidentiality
This is the rule or duty whereby information given to a party shall not be communicated to
another person.
Types:
● Advocate - client
● Work - product
● Doctor - patient
● Priest - parishioner

266. Types of torts

● Negligence
● Trespass
● Nuisance
● Defamation
● Strict liability

267. Termination of criminal proceedings

● Nolle prosequi - Section 82

● Art 157 of the COK - Where complainant withdraws the case
● 87 of the Civil Procedure Code - Prosecution withdraws w/o relying on nolle
prosequi. They can do so in open court but the court has discretion to approve or not
● Plea bargaining agreement between the parties but court must give approval or
disapproval

269. Marriage regimes in Kenya

● Civil marriage
● Hindu/ Islam marriage
● Customary marriage

270. Documents drafted by the vendor’s advocate?

 ● Notice of appointment
● Letter of intent
● Sale agreement
● Completion notice
● Offer letter

270. What's descrimination.

This is prejudice against a person on the basis of either gender, sex, ableism, race, tribe and
many others provided for under Art 27 of the constitution which guarantees Equality of all
persons

271. Where do u institute a discrimination case n how.

In the High Court through a Constitutional Petition to the Constitutional and Human Rights
Division

272. How do u go about a discrimination complaint as an advocate.

273. Difference between caution and caveat

This is a notice in the form of a register to the effect that no action of a specified nature in
relation to the land in respect of which the notice has been entered may be taken without first
informing the person who gave the notice.
Who can place a caution:
● Any person who is claiming a contractual or other right over land amounting to a defined
interest capable of creation by a registrable instrument, for example a lease, may lodge a
caution with the Registrar against any dealing which is inconsistent with his or her
interest. Entry of a transaction, with respect to such land, may not then be made unless
the cautioner has received notice that the same has to be done.

274. How to proceed where a purchaser has full price, vendor is a willing seller but the land
has a charge
Discharge of charge by the purchaser’s advocate

275. How to proceed wea ur client's copyright is infringed en knows wea to get evidence from
the defendants piracy premise.

An anton pillar order - This is a search order that is normally issued ex parte and the main aim
is to allow the adverse party to be searched on the ground that they may contain evidence which
may be relevant to the case and there are high chances that they may destroy the evidence if they
know that the search will be made.

276. What constitutes professional misconduct

The advocates Act defines professional misconduct as conduct that goes against the legal
profession by an advocate

Instances of P.M

● Touting
● Failing to honour a professional undertaking
● Undercutting
● Failing to deliver damages to the client
● Failing to transfer a matter to another advocate when involved in a COI

P.M disputes are dealt with by the Advocates Dispute Tribunal which may:

● Suspend the advocate

● Remove the advocate from the roll of advocates
● Restitiution
● Fine not more than 1 million
● owalo situation

[1] Ibid section 162 (5)

[2] Section 163 (1)

[3] Section 163 (2)

[4] Ibid

[5] S 12 of the penal code

COMPETENCE & COMPELLABILITY

Competence is the ability of a person to give evidence in a court of law. They understand the
questions and give rational answers to them

Compellability S128 Evidence Act- if the witness is capable of being summoned to court to give
evidence of suffer a form of punishment upon refusal i.e warrant of arrest e.t.c

A spouse can not be called to testify against their spouse without their consent
Exceptions include:
a) If one of the spouses is accused against their partner i.e domestic violence
b) Bigamy offences
c) Sexual offences