Elements of Law 2013 July Knec Past Paper

1. (a) Explain six sources of law in Kenya. (12 marks)
(b) Explain the jurisdiction of each of the following courts:
(i) Court of Appeal
(ii) Kadhis Court.
(iii) District Magistrate’s Court.
(iv) Court Martial. (8 marks)
2. (a) Explain four fundamental rights and freedoms of an individual as contained in the Kenya Constitution. (8 marks)
(b) Olimba who works as a government driver was driving a government vehicle along Togo road when he lost control and knocked down a pedestrian who was walking on the pavement. The pedestrian suffered serious injuries and he is now recovering in hospital. He intends to sue Olimba for the injuries he sustained.
(i) Explain the legal principles applicable in this case.
(ii) Advise Olimba. (12 marks)
3. (a) In relation to the law of contract, explain the rules of acceptance of an offer. (8 marks)
(b) Mwangi paid Kamau Ksh. 50,000 to sell to him bhang smuggled from a neighbouring country. Kamau delivered to Mwangi the bhang worth Ksh. 10,000 and promised to deliver the balance in a few day’s lime. It is now four months since the contract was
made and Mwangi seeks your advice on the matter.
(i) Explain the legal principles applicable.
(ii) Advise Mwangi. (12 marks)
4. (a) In relation to the Law of Succession, explain five types of legacies. (10 marks)
(b) Mark made a written will bequeathing all his property to his wife Lina and their two children Fiona and Joseph. He divorced his wife Lina after making the will. Three months later Mark fell sick and was diagnosed to be suffering from terminal cancer.
The doctor advised him that he was unlikely to live for more than three months. Mark then made an oral will revoking the earlier will and bequeathed all his property to his girlfriend Sofia and his two children Fiona and Joseph. Mark died a few weeks after making the oral will, and Sofia seeks your legal advice.
(i) Explain the principles applicable in this case.
(ii) Advise Sofia.

5. (a) Explain five ways in which an agency relationship would be terminated by operations of the law. (10 marks)
(b) Outline the circumstances under which an agent may be held personally liable for contracts made on behalf of his principal. (10 marks)
6. (a) In relation to the law of Torts, outline the general defences in Torts. (10 marks)
(b) Explain the remedies in respect of trespass to land. (10 marks)
7. (a) In relation to the law governing employment, outline five remedies that are available to an employer incase of a misconduct by his employee. (10 marks)
(b) Explain statutory deductions that an employer may make from the wages of his employee

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