QUESTION 1
December 2025 Question One C and D
(c) Analyse FIVE mechanisms that may be applied to maintain order during meetings. (5 marks)
(d) Explain FIVE legal requirements that must be complied with when convening a meeting in a public place. (5 marks)
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MASOMO MSINGI ANSWER
(c) FIVE mechanisms that may be applied to maintain order during meetings
- Clear agenda and objectives
A structured agenda shared in advance defines the purpose, topics, and time allocation. This reduces digressions and keeps participants focused on expected outcomes. It also provides a reference point the chair can use to steer discussions back on track. - Strong facilitation (chairperson control)
An effective chairperson regulates turn-taking, enforces rules, and manages interruptions. By recognizing speakers, summarizing points, and redirecting off-topic contributions, the facilitator maintains flow and prevents dominance by a few individuals. - Time management techniques
Allocating specific time slots to each agenda item and using tools such as timers or timekeepers limits over-discussion. This ensures balanced participation across topics and prevents meetings from overrunning or stalling. - Ground rules and protocols
Establishing rules (e.g., no interruptions, concise contributions, respect for others’ views) creates a predictable environment. Agreed procedures for decision-making (voting, consensus) also reduce confusion and conflict. - Accurate minute-taking and action tracking
Recording key points, decisions, and assigned actions promotes accountability. When participants know outcomes are documented and followed up, they are more likely to stay relevant and orderly in their contributions.
(d) FIVE legal requirements that must be complied with when convening a meeting in a public place
- Notification to the Regulating Authority
The organizer must notify the local “Regulating Authority” (usually the Officer Commanding Station – OCS) of the intention to hold a public meeting. Under the Public Order Act, this notice should typically be submitted at least 3 days but not more than 14 days before the proposed date.
- Specification of Meeting Details
The written notification must include specific details to allow the authorities to assess the impact on public order. Required details include:
- The full names and addresses of the organizers.
- The exact venue and time (commencement and conclusion).
- The general purpose of the meeting.
- Presence of Police Officers
The police have a legal right to attend any public meeting to ensure peace is maintained. The Regulating Authority may station officers at the venue to:
- Prevent a breach of the peace.
- Ensure the meeting stays within the scope of the notified agenda.
- Disperse the meeting if it turns into an “unlawful assembly.”
- Adherence to Prohibited Hours
Generally, public meetings and processions are required to take place during daylight hours. Unless special permission is granted, meetings are typically restricted to the period between 6:00 AM and 6:00 PM. Holding a public meeting at night is often considered a security risk and may be deemed illegal.
- Compliance with “Public Order” Conditions
The Regulating Authority may impose specific conditions on the meeting to prevent obstruction of traffic or interference with the rights of others. This includes:
- Route restrictions: For processions moving to a public venue.
- Noise control: Limits on the use of public address systems.
- Prohibition of weapons: Ensuring no participants carry “offensive weapons” (e.g., rungus, stones, or firearms).
QUESTION 2
April 2025 Question One D
Evans Kola is launching a lawsuit against XYZ publishers for a defamation claim.
Analyse FIVE elements of the claim. (5 marks)
MASOMO MSINGI ANSWER
FIVE elements of the defamation claim
- The Statement Must Be Defamatory: The words used by XYZ Publishers must be “defamatory,” meaning they tend to lower the plaintiff’s reputation in the estimation of right-thinking members of society. The statement must expose Evans Kola to hatred, ridicule, or contempt, or cause him to be shunned or avoided.
- Reference to the Plaintiff: Evans must prove that the defamatory statement was made of and concerning him. He does not necessarily need to be mentioned by name; if a reasonable person reading the publication would understand that the words refer to Evans Kola, this element is satisfied.
- Publication of the Statement: Defamation is not about the harm to one’s feelings, but the harm to one’s reputation. Therefore, the statement must be published—meaning it was communicated to at least one person other than Evans himself. In this case, since it involves “XYZ Publishers,” the printing and distribution of the material to the public constitutes publication.
- Falsity of the Statement: For a claim to hold, the statement must be false. Under the law, defamatory statements are presumed to be false until the defendant (XYZ Publishers) proves otherwise. If the publishers can prove the “Justification” (that the statement is substantially true), Evans’s claim will fail.
- Malice (In specific contexts): While not always required for a basic claim of libel, proving malice (evil motive or spite) becomes crucial if XYZ Publishers attempts to use defenses like “Qualified Privilege” or “Fair Comment.” If Evans can show the publishers acted with express malice, those defenses are defeated.
QUESTION 3
December 2024 Question One D
Outline SIX differences between “postponement of a meeting” and “adjournment of a meeting”. (6 marks)
MASOMO MSINGI ANSWER
SIX differences between “postponement of a meeting” and “adjournment of a meeting”
| Basis of Difference | Postponement of a Meeting | Adjournment of a Meeting |
| Timing of Action | Occurs before the meeting has officially commenced. | Occurs after the meeting has been properly convened and started. |
| Core Definition | The act of putting off a scheduled meeting to a later date/time. | The act of suspending or interrupting a meeting that is currently in progress. |
| Authority to Act | Usually done by the board or those who issued the notice (convenors). | Usually done by the Chairperson with the consent of the members present. |
| Common Reasons | Lack of a quorum (at the start), logistical issues, or unforeseen emergencies. | Failure to complete the agenda, disorder among members, or loss of quorum during the session. |
| Status of Business | No business has been transacted yet; the entire agenda remains untouched. | Some business may have already been transacted and resolved before the break. |
| Notice Requirement | Requires a fresh notice to be sent to all members, as the original date was cancelled. | May not require fresh notice if the meeting is adjourned to a fixed time and place “sine die” (without a date) excluded. |
QUESTION 4
December 2024 Question Three C and D
c) Explain FIVE defenses that a defendant could argue against a defamation suit. (5 marks)
d) The Public Order Act (Cap 56) and the National Police Service Act, 2011 govern police powers in relation to public and private meetings in Kenya.
Outline SIX aspects of police powers in relation to public and private meetings. (6 marks)
MASOMO MSINGI ANSWER
c) FIVE defenses that a defendant could argue against a defamation suit
- Justification (truth): If the defendant proves that the statement made was substantially true, the claim fails. Defamation protects reputation, not false impressions, so a truthful statement cannot be defamatory even if it is damaging.
- Fair comment (honest opinion): The defendant may argue that the statement was an opinion, not a fact, based on true or privileged facts and made on a matter of public interest. The opinion must be one that a reasonable person could honestly hold.
- Absolute privilege: Certain statements are completely protected regardless of intent or truth. These typically include statements made in parliamentary proceedings or in the course of judicial proceedings (e.g., by judges, lawyers, or witnesses in court).
- Qualified privilege: A statement is protected if it was made in good faith, on an occasion where the defendant had a legal, moral, or social duty to communicate it, and the recipient had a corresponding interest in receiving it (e.g., employment references). The defense fails if malice is proven.
- Consent: If the plaintiff consented to the publication of the statement, the defendant can rely on this as a defense. A person cannot complain about harm resulting from something they agreed to be published.
d) SIX aspects of police powers in relation to public and private meetings
- Requirement of prior notification for public meetings: Under the Public Order Act (Kenya Cap 56), organizers of public meetings or processions must notify the police in advance. Police have authority to receive such notices and regulate the proposed time and venue to ensure public order.
- Power to regulate or impose conditions: Police may set conditions on meetings (e.g., routes, duration, or venue) to prevent disorder, traffic disruption, or threats to public safety. This power is exercised to balance freedom of assembly with public interest.
- Power to disperse unlawful assemblies: If a meeting becomes unlawful—such as where it threatens peace, involves violence, or violates set conditions—police have the authority to disperse participants using reasonable force as provided under the law.
- Power to arrest and detain offenders: Police can arrest individuals who breach public order laws during meetings, including those inciting violence, failing to comply with lawful orders, or engaging in criminal conduct, as guided by the National Police Service Act, 2011 (Kenya).
- Power to provide security and maintain peace: Police are mandated to attend and monitor meetings to ensure safety of participants and the general public. This includes preventing clashes, protecting property, and maintaining law and order.
- Power to enter and intervene in private meetings where necessary: Although private meetings are generally less regulated, police may intervene where there is reasonable suspicion of unlawful activity, breach of peace, or threats to security, ensuring compliance with the law.
QUESTION 5
April 2024 Question One A
The conditions for adjourning meetings can vary depending on the context of the meeting.
Explain FOUR such conditions for formal meetings. (4 marks)
MASOMO MSINGI ANSWER
FOUR conditions for adjourning formal meetings
- Lack of a Quorum: A quorum is the minimum number of members required by law or the organization’s constitution to be present to transact business. If a quorum is not present within a specific timeframe (usually 30 minutes) from the appointed start time, or if the meeting loses its quorum during the proceedings, the meeting must be adjourned.
- Failure to Complete the Agenda: If the business of the meeting is so extensive that it cannot be concluded within a reasonable time, or if the venue’s booking expires, the Chairperson may adjourn the meeting. This allows the remaining items on the agenda to be discussed at a later date, ensuring that decisions are not rushed or made by exhausted members.
- Serious Disorder or Interruption: The Chairperson has an inherent duty to maintain order. If the conduct of the members becomes so rowdy, violent, or uncontrollable that the business of the meeting cannot be conducted safely or effectively, the Chairperson may unilaterally adjourn the meeting to allow tempers to cool and to ensure the safety of those present.
- By Consent of the Members: A meeting can be adjourned if a motion to adjourn is proposed, seconded, and carried by a majority of the members present. This often happens when members feel they need more information to make an informed decision or when a “cooling-off” period is required during a particularly contentious debate.
QUESTION 6
December 2023 Question Four A
As the chairperson of a Board, describe FIVE strategies you would use to maintain order in meetings. (5 marks)
MASOMO MSINGI ANSWER
FIVE strategies you would use to maintain order in meetings
- Set and enforce clear rules of procedure
At the outset, establish ground rules on speaking, interruptions, and decision-making. Consistent enforcement recognizing speakers, limiting cross-talk, and ruling on points of order prevents disorder. - Use a structured agenda and control the flow
Follow a time-bound agenda and sequence items logically. Intervene to keep contributions relevant, park off-topic issues, and summarize decisions to move the meeting forward. - Manage speaking turns firmly
Allocate the floor, limit speaking time where necessary, and ensure balanced participation. Curb dominance by a few members and prevent side conversations. - Apply formal motions and procedures
Use motions (e.g., to close debate, adjourn, or refer matters to committee) to resolve deadlock or lengthy discussion. This provides an orderly mechanism to progress business. - Address disruptions promptly and proportionately
Warn disruptive members, call for order, or, if needed, suspend or adjourn the meeting. Clear, calm interventions maintain authority and restore decorum
QUESTION 7
August 2023 Question One A
During meetings, claims against defamation may arise. To avoid liability or reduce damages, a defendant may need to apply some defenses.
Identify five such defenses (5 marks)
MASOMO MSINGI ANSWER
Defenses against defamation claims
- Justification (truth): The defendant argues that the statement is substantially true. Since defamation protects against false statements, proving truth is a complete defense.
- Fair comment (honest opinion): The statement is presented as an opinion, based on true facts, and made on a matter of public interest. The opinion must be one that a reasonable person could honestly hold.
- Absolute privilege: Statements made in certain protected contexts such as judicial proceedings or parliamentary debates are immune from defamation claims, regardless of intent or accuracy.
- Qualified privilege: Applies where the statement is made in good faith on an occasion where the defendant has a legal, moral, or social duty to communicate it, and the recipient has a corresponding interest.
- Consent: If the plaintiff agreed to or authorized the publication of the statement, the defendant can rely on that consent as a defense.
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