MONDAY: 1 August 2022. Afternoon paper. Time Allowed: 2 hours.
This paper is made up of fifty (50) Multiple Choice Questions. Answer ALL the questions by indicating the letter (A, B, C or D) that represents the correct answer. Do NOT write anything on this paper.
1. What is the standard of proof in civil cases?
A. Proof beyond reasonable doubt
B. Proof on a balance of probability
C. Proof to the satisfaction of the other party
D. Proof to the satisfaction of both parties (2 marks)
2. Which one of the following is NOT a type of a writ under common law?
A. Harbeas corpus
D. Stare decisis (2 marks)
3. _______________ is a principle of the rule of law.
A. Equality before the law and participation in decision making
B. Adherence to moral and ethical principles
C. Respect for authority and religious autonomy
D. Freedom from slavery and forced labour (2 marks)
4. One of the following is NOT a way in which the Constitution of Kenya can be amended.
A. By popular initiative
B. By parliamentary initiative
C. By the people and parliament
D. By County Assemblies (2 marks)
5. Which one of the following is NOT a type of judicial precedent?
A. Distinguishing precedent
B. General precedent
C. Declaratory precedent
D. Original precedent (2 marks)
6. In relation to the law of persons, one of the following is FALSE.
A. An infant found in Kenya without parents automatically acquires the domicile of Kenya
B. A Kenyan citizen by birth who acquires the citizenship of another country loses the Kenyan citizenship
C. A foreigner can acquire Kenyan nationality by registration
D. A person who is a national of Kenya can lose his nationality by revocation (2 marks)
7. _______________ is an out of court dispute resolution mechanism in civil disputes.
C. Judicial adjudication
D. Judgement (2 marks)
8. Which one of the following CORRECTLY describes the distinction between a Juristic person and a natural person?
A. A Juristic person is an extra terrestrial person while a natural person is one who is naturally found on earth
B. A Juristic person is non existent in the eyes of the law while a natural person is a human being with intrinsic rights
C. A Juristic person is an abstract creation of the law granted rights of a natural person
D. A Juristic person is a fictional person with no legal rights while a natural person is a fictional person with rights (2 marks)
9. A tort is _________________________.
A. A civil wrong whose common law remedy is action for damages
B. A breach of contract whose remedy is damages
C. A criminal wrong whose remedy is imprisonment or fine
D. Both a civil wrong and a breach of contract whose remedy is an action for damages (2 marks)
10. Which one of the following is NOT a requirement in the rule of Rylands-V-Fletcher
A. The defendant must have brought something on to his land
B. The thing brought into one’s land must be one likely to cause mischief
C. The use of the land must be non-natural
D. The defendant must have been negligent (2 marks)
11. Which of the following contracts needs NOT be in writing?
A. A contract for the sale or transfer of an interest in land
B. A contract of insurance
C. A contract of guarantee
D. A contract for the sale of a motor vehicle (2 marks)
12. A change, variation or modification of a term of an offer is referred to as_____________________.
A. An acceptance
B. A cross offer
C. A counter offer
D. A standing offer (2 marks)
13. Which one of the following is FALSE with reference to time limitations of a claim or award?
A. A claim for rent based on a rental contract must be enforced within 6 years
B. A claim based on a breach of contract must be enforced within 6 years
C. An arbitral award must be enforced within 6 years
D. A claim for the recovery of land must be enforced within 6 years (2 marks)
14. Which one of the following BEST describes a contract of sale of goods?
A. It is a contract where goods are exchanged for goods
B. It is a contract under which goods are delivered by one party to another where that other person holds them as directed
C. It is a contract whereby the seller transfers or agrees to transfer the property in the goods to the buyer for a monetary consideration
D. It is a contract whereby the seller transfers or agrees to transfer property in the goods to the buyer for no consideration (2 marks)
15. Which one of the following is NOT a void contract for the sale of goods?
A. A contract for the sale of specific goods which have perished without the knowledge of both parties
B. A contract for the sale of specific goods whose price is to be fixed by a third party who fails to do so
C. A contract to sell specific goods which subsequently perish before risk passes without the fault of either party.
D. The sale of specific goods which are already in possession of a third party (2 marks)
16. Which of the following laws is correctly matched to its type?
A. Criminal procedure code – substantive law
B. Law of succession – procedural law
C. Penal code – substantive law
D. Law of marriage – procedural law (2 marks)
17. When a person’s civil or private rights are violated, he is said to have a cause of action. Which of the following is NOT an example of a cause of action?
A. Breach of contract
D. Probation (2 marks)
18. Which of the following is not a rule for consideration when applying African customs as a source of law in Kenya?
A. The law is applicable only in civil cases
B. The customary law will be applied only if it is NOT inconsistent with any written law
C. One of the parties must be subject to it or affected by it
D. Elders must appear in court to guide on customs (2 marks)
19. Which of the following is true about the Employment and Labour relations court in Kenya?
A. It has power to make a prohibitory order
B. It has supervisory powers under Judicial review
C. It has unlimited original jurisdiction in criminal and civil matters
D. It has jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened (2 marks)
20. Which of the following is NOT a term in a hire purchase agreement?
A. The cash price
B. The amount and when payable
C. The hire purchase price
D. Monthly credit payment (2 marks)
21. A company may become insolvent if _________________.
A. It cannot pay its creditors in full after realisation of its assets
B. It has negative working capital
C. It cannot meet its budgeted level of profit
D. It makes a loss (2 marks)
22. Which of the following is a way through which an agency agreement can be terminated?
A. Right of stoppage in transit
B. Cessation of emergency
C. Withholding passing of property (2 marks)
23. Which of the following is NOT a right guaranteed by the Constitution?
A. Right to expression
B. Right to personal liberty
C. Right to property
D. Right to protection by law (2 marks)
24. Which among the following is NOT a negotiable instrument by law?
A. Treasury bills
C. Bills of exchange
D. Promissory note (2 marks)
25. Which of the following is a defense to the tort of negligence?
A. Injuria sin damnum
B. Volenti non fit injuria
C. Res ipsa loquitur
D. Triviality (2 marks)
26. Which among the following is NOT an element of the tort of defamation?
A. The defendant must have made a false statement
B. The statement must be an abuse
C. The statement must refer to the plaintiff
D. The statement must be made public (2 marks)
27. An arbitral proceedings may be terminated in the following ways EXCEPT?
A. Mutual consent of the parties
B. The making of the final award
D. Withdrawal of the complaint (2 marks)
28. Which of the following is NOT a characteristic of a corporation?
A. Capacity to contract
B. Perpetual succession
C. Limited liability
D. Transferability of shares (2 marks)
29. Which of the following is a right against a debtor in the law of sale of goods?
A. Right to ask for set-off
B. Right to ask for contribution
C. Right of subrogation
D. Right to indemnity (2 marks)
30. Which of the following BEST defines the term “law”?
A. Law means Jurisprudence
B. Law is the sense or judgement between right and wrong
C. Law is the standard of behaviour of the society
D. Law is a body of rules recognised and applied by the state in the administration of justice (2 marks)
31. Which of the following is NOT a maxim of equity?
A. Equity looks to the substance rather than the form
B. Delay defeats equity
C. Equity acts in vain
D. He who seeks equity must do equity (2 marks)
32. In relation to the tenets of Hindu religion as a source of religious laws, in which of the following cases do the tenets NOT apply?
C. Personal status
D. Succession (2 marks)
33. In relation to case law, which of the following is NOT a classification of precedents
A. Persuasive precedent
B. Distinguishing precedent
C. Determining precedent
D. Original precedent (2 marks)
34. Which of the following is NOT a method of losing nationality status in your country?
A. Dual citizenship
D. Revocation (2 marks)
35. Certain contracts entered into by minors are void. Which of the following is NOT a void contract when entered into by a minor?
A. Debts admitted by a minor
B. Partnership agreements
C. Money lending contracts
D. Contracts for luxury goods (2 marks)
36. Which of the following is NOT an example of ethical norms in business?
C. Fairness in dealings
D. Morality (2 marks)
37. Which of the following is NOT considered to be sexual harassment by a public officer?
A. Making a request or exerting pressure for sexual activity or favours
B. Making intentional or careless physical contact that is sexual in nature
C. Making reports about sexual advances to human resource personnel
D. Making gestures, noises, jokes or comments regarding another person’s sexuality (2 marks)
38. Which of the following is NOT an area that a professional accountant is likely to whistle blow?
A. Tax avoidance
B. Fraud to mislead shareholders
C. Misrepresentation in the financial statements
D. Violations by directors (2 marks)
39. Which of the following is a TRUE statement in relation to law and morality?
A. Morality is enforceable by a court of law
B. The laws of a country do not incorporate morality
C. Certain wrongs in society contravene morality and not the law
D. Law and morality are identical and they coincide (2 marks)
40. Which of the following is the BEST definition of the term ethics?
A. The moral principles that govern a person’s behaviour
B. The religious basis for people’s conduct
C. This is moral scepticism of person’s behaviour
D. These are rules and regulations that govern a given society (2 marks)
41. Which of the following is NOT an objective of the code of ethics?
A. To maintain the integrity in interactions at the workplace
B. To explain what conduct is expected of the employees
C. To protect management from law suits
D. To articulate the consequences for unethical conduct (2 marks)
42. Which of the following is NOT a classification of ethics?
A. Development ethics
B. Normative ethics
C. Applied ethics
D. Meta-ethics (2 marks)
43. Which of the following is NOT an example of universal ethical values?
D. Responsibility (2 marks)
44. Which one of the following statements BEST describes morality?
A. It is a rule of law passed by parliament that must be followed by all
B. It is a belief based on religious teachings
C. It is a set of standards that a society uses to decide what is right or wrong behaviour
D. It is a rule which if broken leads to punishment by the State (2 marks)
45. Which one of the following is FALSE in relation to conduct of public officers?
A. A state officer shall carry out his duties in a manner that maintains public confidence
B. A state officer shall assist those in need in the society where possible
C. A state officer shall always maintain high standards of performance and professionalism
D. A state officer shall not discriminate against any person (2 marks)
46. Which one of the following is NOT a threat to any of the fundamental principles of ethics?
A. Conflict of interest
B. Self review
D. Self awareness (2 marks)
47. Which one of the following is NOT a professional body that enforces ethical conduct of professionals in Kenya?
A. Engineering Board of Kenya (EBK)
B. Kenya Accountants and Secretaries National Examinations Board (KASNEB)
C. Law Society of Kenya (LSK)
D. Institute of Certified Public Accountants of Kenya (ICPAK) (2 marks)
48. Which one of the following is NOT a consequence of unethical conduct?
A. Decline in morale and productivity
B. Criminal functions
C. Loss of credibility
D. Loss of trust (2 marks)
49. _____________ is NOT a type of legislation on ethical conduct in Kenya.
A. Public Officers Ethics Act
B. Leadership and Integrity Act
C. The Bribery Act
D. The Ethics and Anti Corruption Commission Act (2 marks)
50. Which of the following is not a role of professional bodies?
A. Developing professional standards
B. Supporting the professional standards
C. Reporting on those that break professional standards
D. Promoting professional standards for technical and ethical competence (2 marks)