Demonstrate knowledge of essential elements of the legal system, governance and ethical principles and apply them in practice



A candidate who passes this paper should be able to

  • Demonstrate knowledge of essential elements of the legal system
  • Demonstrate knowledge of legal personality
  • Apply law of contract and tort in various scenarios
  • Apply principles of governance in practice.
  • Comply with ethical requirements


  • Elements of The Legal System
  • Concept of a legal system;
  • Principal legal systems of the world;
  • History and development of common law and Equity;
  • Comparative legal systems;
  • Historical development of the Kenyan state;
  • The Kenyan legal system;
  • Distinction between courts and tribunals
  • Interpretation of statutes;


Nature, Purpose and Classification Of Law

  • Meaning of law
  • Nature of law
  • Purpose of law
  • Classification of law
  • Law and morality


Sources of Law

  •  The Constitution
  • Legislation and Delegated legislation
  • Substance of common law and Doctrines of Equity
  • African customary law
  • Islamic law,
  • Hindu Law
  • Judicial precedent
  • General rules of International law and ratified treaties


Administrative Law

  • Meaning of administrative law
  • Sources of administrative law
  • Functions of administrative laws
  • Doctrine of separation of powers
  • Delegate legislation
  • Control of delegated legislation
  • Discretion ad Judicial count of executive
  • Liability of state (contractual/ tortious)
  • Liability of state (contractual/tortious).
  • Principles of natural justice
  • Judicial control of the Executive
  • Independence of judiciary.
  • xii Remedies in administrative law (mandamus, certiorari, prohibition, habeas corpus; injunction and declaration)


The Court System

  • Establishment, structure, composition and jurisdiction of courts
  • Supreme Court
  • Court of Appeal
  • High Court
  • Employment and Labour Relations Court
  • Environmental and Land court
  • International Court of Justice
  • Magistrates Court
  • Court Martial
  • Kadhi’s Court


Alternative Dispute Resolutions

  • Nature of alternative dispute resolutions (ADR
  • Nature and types of disputes
  • Legal framework governing Alternative Dispute Resolution
  • General principles of ADR
  • Negation skills
  • Mediation
  • Negotiation
  • Conciliation
  • Arbitration
  • Dispute Review Boards
  • Traditional dispute mechanisms
  • Enquiry;
  • Customary alternative despites resolution structures
  • Drafting arbitration agreements/clauses
  • Awards


Law of Persons

  • Natural persons
  • Nationality, citizenship and domicile
  • Artificial person
  • Unincorporated associations
  • Incorporate associations
  • Co-operative societies


Law of Tort

  • Nature of tort; Distinction of tort, contract, crime and quasi contract. Justification in tort; violanti non fit injuria; Act of God interact accident, defence of property; necessity; statutory authority, mistake, Assault, Batty, Trespass, Defecate
  • General defenses of tort
  • Negligence
  • Vicarious liability
  • Strict Liability
  • Occupiers liability
  • Trespass (Person, Property, Battery, False imprisonment and trespass to goods detinue)
  • Limitation of actions
  • Remedies; judicial and extrajudicial, Damage, General special,
  • Principles in awards damages,
  • Survival of actions


Law of Contract

  • Definition of contract
  • Classification of contracts
  • Essentials of a valid contract
  • Terms of a contract
  • exemption clauses;
  • Vitiating factors
  • Unfair and improper contracts
  • Discharge of contract
  • Remedies for breach of a contract
  • Limitation of actions
  • Negotiating and designing written contracts
  • Implications of information Technology on classical principles of contract law


Sale of Goods

  • Nature of the contract of sale of Goods;
  • Types of Goods
  • Formalities of the contract; Caveat emptor, transfer of Property by non-owners
  • Terms of the contract
  • Implied terms by statute, Custom / Usage
  • Rights and duties of the parties; Remedies for price and breach of contract
  • Auction sales
  • International contracts of sale: FAS, FOB, CIF, FCA, CPT, CIP, DAT, DAP, DDP, CFR, DAF, DDU, Ex-works and Ex-ship


Hire Purchase Contracts

  • Nature of the hire purchase contract
  • Difference between hire purchase and conditional sale/credit sale
  • Formalities of the hire purchase contract
  • Implied Terms of the hire purchase contract
  • Rights and duties of the parties
  • Termination and completion of the hire purchase contract



  • Meaning and nature of the agency contract
  • Types of agents; Creation of agency,
  • Parties to the agency relationship.
  • Creation of agency
  • Authority of an agent; Scope and extent; Delegation.
  • Rights and duties of the parties;
  • Personal liability of agents
  • Liability of the parties.
  • Termination of agency;
  • Liability of principal before and after termination



  • Definition of partnership, Nature of partnership
  • Essential features, parties, relation of partners third parties
  • Types of partnerships; limited and general and limited liability partnerships (LLP)
  • Rights, duties and liabilities of existing, incoming and minor partners
  • Management of partnerships
  • Dissolution of partnerships and its consequences
  • Registration process and requirements of partnership business.



  • Essential features of indemnity
  • Nature and extent of liability of indemnifier
  • Commencement of liability of indemnifier
  • Nature of the contracts; essential features of contract guarantee; Distinction between contract of guarantee/ indemnity extent of nature and Surety;
  • Obligations of surety;
  • Discharge of surety;
  • Letters of Credit
  • Rights and duties of the parties
  • Termination of the contract
  • Remedies for breach of contract



  • Nature of the contract; Types, parties to negotiable instrument.
  • Formalities of the contract
  • Types of risks
  • Parties to the contract of insurance
  • Principles of insurance
  • Types of insurance
  • Transfers and amalgamation
  • Termination of the contract
  • Technology and insurance


Negotiable Instruments

  • Nature and characteristics
  • Negotiability of the instrument
  • Types: cheques, promissory notes, bills of exchange
  • Types of Crossings
  • Obligations of the parties
  • Banker- Customer relationship
  • Presentment; purpose, time, place
  • Discharge from liability
  • Modes of discharge
  • Dishonuor, mode of dishonor, nature of protest, penalties in case of dishonor
  • Acceptance for honour
  • Criminal liability


The Law of Property

    • Definition of property
    • Classification of property (real and personal, movable and immovable, tangible and intangible)
    • Property in land: private, public and community land
    • Interests in land: estates, servitudes and encumbrances
    • Intellectual property: plant breeder’s patents, trademarks, copyrights and industrial designs
    • Administration and management of land,
    • Sectional Properties,
    • Management company
    • Obligations of lessor and lessee in sessional property Act
    • Transfer of Land rights
    • Role of Certified Accountant in property Transfer



  • Meaning of Ethics
  • The ethics in various professions
  • The roles and duties
  • Morality and etiquette
  • Regulation of accountancy profession and
  • Ethics of the accountant, secretaries and other professions
  • The scope of work of professional indemnity
  • Legal framework of professional ethics;
  • Enforcement of legal ethical standards.




  1. Jackson, T. (1988, reprinted 1992, 1998). “The Law of Kenya” (3rd Edn) Kenya Literature Bureau.
  2. Ogola J. J., (1999). Business Law: Focus publications limited.
  3. Furmston M., (2012). “Cheshire, Fifoot and Furmston’s Law of Contract” (16th Edn) London: Butterworth’s.


  1. Finch, E. & Fafinski, S. (2011) Tort Law (3rd Edn) London: Pearson Longman.
  2. Steel, J. (2010) Tort Law (2nd Edn). Oxford: Oxford University Press.
  3. Megarry, R. Wade W. & Harpum, C. (2008) The Law of Real Property, Sweet and Maxwell.
  4. Binder, P. (2009). International Commercial Arbitration and Conciliation in UNCITRAL Model Law, Sweet & Maxwell.
  5. W. R Wade, (1986), Administrative Law: English Language Book Society.
  6. Ian Loveland, (2004), Constitutional Law, Administrative Law and Human Rights, (3rd Edn). Oxford University Press.
  7. A. Saleemi & T. K. Ateenyi, (2000). Elements of Law Simplified: N. A. Saleemi Publishers.
  8. L.O. Lumumba, (1999). An Outline of Judicial Review in Kenya: Miyami Investment Limited.
  9. Kuloba, R. (1997). Courts of Justice in Kenya, Nairobi, Kenya: oxford University Press.
  10. Saleemi, N. A. (2010). General Principles of Law Simplified, Nairobi, Kenya: Saleemi Publications Ltd. 21. Ashiq, H. (2003). Commercial Law East African Publishers.
  11. Bradgate, R. (2012). Commercial Law, (4thEdn), Oxford University Press.
  12. Dobson, P. & Stokes, R. (2012). Commercial Law Sweet & Maxwell.
  13. Laibuta, K. I. (2006). Principles of Commercial Law (2nd Edn) Law.


  1. Republic of Kenya, (2010). The Constitution of Kenya, Government Printer.
  2. Republic of Kenya, (2010). The Judicature Act, Cap 8: Government Printer.
  3. Republic of Kenya, (2012). The National Land Commission Act: Government Printer.
  4. Republic of Kenya, (2016). Community Land Act: Government Printer.
  5. Republic of Kenya, (2016). The Land Registration Act Cap. 300: Government Printer.
  6. Republic of Kenya, (2012). The Land Control Act Cap 302: Government Printer.
  7. Republic of Kenya, (2012). The Penal Code Cap. 63: Government Printer.
  8. Republic of Kenya, (2018). The Criminal Procedure Code Cap.75: Government Printer.
  9. Republic of Kenya, (2012). The County Government Act: Government Printer.
  10. Republic of Kenya, (2012). The Anti-corruption and Economic Crimes Act Cap.3: Government Printer.
  11. Republic of Kenya, (2012). The Public Officer Ethics Act No. 4 of 2003: Government Printer.
  12. Republic of Kenya, (2011), The Kenya National Commission on Human Rights Act No. 9 of 2002: Government Printer.
  13. Republic of Kenya, (2015). The Law of Succession Act Cap 160: Government Printer.
  14. Republic of Kenya, (2015). The Companies Act Cap. 486: Government Printer.
  15. Republic of Kenya, (2012). The Environment and Land Court Act Cap. 12A: Government Printer.
  16. Republic of Kenya, (2012). The Chiefs’ Act Cap 128: Government Printer.
  17. Republic of Kenya, (2012). The Societies Act Cap. 108: Government Printer.
  18. Republic of Kenya, (2011). The Limited Partnership Act Cap. 30: Government Printer.
  19. Republic of Kenya, (2012). The Partnership Act Cap. 29: Government Printer.
  20. Republic of Kenya, (2009). The Law of Contract Act Cap. 23: Government Printer.
  21. Republic of Kenya, (2014). The Interpretation and General Provisions Act Cap. 2: Government Printer.
  22. Republic of Kenya, (2012). Registration of Business Names Act Cap. 499: Government Printer.
  23. Republic of Kenya, (2012). Co-operative Societies Act Cap. 490: Government Printer.
  24. Republic of Kenya, (2015). Landlord and Tenant (Shops, Hotels and Catering Establishment Act Cap. 301: Government Printer.
  25. Republic of Kenya, (2012). The Physical Planning Act Cap. 286: Government Printer.
  26. Republic of Kenya, (2016). The Land Adjudication Act Cap. 284: Government Printer.
  27. Republic of Kenya, (2012). The National Cohesion and Integration Act No. 12 of 2008: Government Printer.



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