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Day: September 16, 2020

Duties of the Attorney-General in your Kenya.

Functions of the Attorney General Is the principal legal adviser to the government Represents the government in court Appears as a friend of the court in any civil proceedings to which the government is not a party. Promote, protect and Read More …

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Discuss two advantages and two disadvantages of “stare decisis”.

Advantages of stare decisis (i) Certainty and Predictability The doctrine of stare decisis introduces an element of certainty and uniformity in the administration of justice. (ii) Flexibility Because of the freedom that the final Court of Appeal usually has to Read More …

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Describe the various types of jurisdiction of the High court in your country.

Various types of jurisdiction of the High court in your country Supervisory Jurisdiction The High Court in exercising supervisory jurisdiction in any civil and criminal proceedings before subordinate courts and may make such orders, issue such writs and give such Read More …

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A party making an application to the High Court to set aside an arbitral award must furnish proof of certain matters. With reference to the above statement, describe the proof that the party must furnish.

The party making the application must furnish proof; That a party to the arbitration agreement was under some incapacity. The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings. Read More …

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Describe four rules used by courts in interpretation of statutes.

Rules used in interpretation of statutes:- Literal rule: This is the primary rule of interpretation. It requires judges to interpret the words of a statute according to their grammatical or dictionary meaning Mischief rule: Under this rule the court will Read More …

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Explain five powers of the Business Premises Rent Tribunal in your country.

Powers of the Business Premises Rent Tribunal in your country. To fix the amount of service charge if included in the rent payable. To determine whether or not any tenancy is controlled tenancy. To determine or vary the rent payable Read More …

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In relation to the judicial system in your country, explain the legal provisions governing the following: Jurisdiction of the High court.

Jurisdiction The High Court shall have unlimited original jurisdiction in criminal and civil matters. Jurisdiction to determine the question whether a right or fundamental freedom in the bill of rights has been denied, violated, infringed or threatened. Jurisdiction to hear Read More …

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In relation to the judicial system in your country, explain the legal provisions governing the following: Composition of the High court.

Composition of the High Court The High Court shall consist of the number of judges prescribed by an Act of Parliament. There shall be a Principal judge of the High Court who shall be elected by the judges of the Read More …

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In relation to the judicial system in your country, explain the legal provisions governing the following: Establishment of the High court.

The High court is established by Section 165 (1) of the Constitution. It ranks below the Court of Appeal.

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The judiciary is the arm of government that is concerned with application of law in adjudicating over legal disputes. Explain five functions of the judiciary

Function of Judiciary The judiciary comprises of various courts of law and there presiding officers, including the Judicial Service Commission. Each court has specific jurisdiction but the general functions include the following: (Depending on the particular court or judicial officer) Read More …

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