MONDAY: 4 April 2022. Afternoon paper. Time Allowed: 3 hours.
This paper is made up of a hundred (100) Multiple Choice Questions. Answer ALL the questions indicating the letter (a, b, c or d) that represents the correct answer. Do NOT write anything on this paper.
- Which of the following is NOT a classification of law?
(a) Written law and unwritten law.
(b) Municipal law and international law.
(c) Public law and private law.
(d) Natural law and artificial law. ( 1 mark)
- Which of the following is a difference between “law” and “morality”?
(a) Law and morality refer to the same thing.
(b) Law is binding, enforceable and has legal sanctions while morality is not.
(c) Laws are made parliament while morality is made God.
(d) Laws cannot be broken while morality can be broken. ( I mark)
- Which one of the following is NOT a source of law in Kenya?
(b) The Bible.
(c) African customs.
(d) The Constitution. ( I mark)
- Which one of the following is NOT a fundamental right guaranteed under the constitution?
(a) Right to do what one wants.
(b) Right to life.
(c) Right to property.
(d) Right to privacy. ( 1 mark)
- Which one of the following BEST describes the doctrine of ultra vires under administrative law?
(a) It is a doctrine that requires administrative bodies to perform their duties with due regard to time.
(b) It means that a court of law should always issue a maximum sentence that is provided law when a person is found guilty of an offence under administrative law.
(c) A principle that requires a person or a body to perform an administrative act or exercise a power within the limits allowed statute.
(d) A principle that provides that an administrative officer can perform duties delegated his superior. ( 1 mark)
- Identify ONE effect of breach of principles of natural justice.
(a) The breach gives rise to criminal sanctions against the person breaching.
(b) The injured party can institute a civil suit for breach of principles of natural justice.
(c) Principles of natural justice cannot be breached because they are binding.
(d) Any decision or other administrative action taken is null and void and can be invalidated the Courts. (I mark)
- Which one of the following is NOT a function of the National Government under the Kenyan Constitution:
(a) Liquor licensing.
(b) Language policy.
(c) Promotion of sports.
(d) Labour standards. (1 mark)
- Which one of the following is NOT an ethical standard expected of a professional?
(d) Religious. (1 mark)
- One advantage of using mediation as opposed to litigation during conflict resolution is that
(a) unlike litigation, mediation guarantees confidentiality.
(b) in mediation, you are guaranteed of winning your case unlike litigation.
(c) unlike mediation, in litigation the judge is usually biased.
(d) in mediation, the mediator makes the final decision while a judge makes a decision in litigation. ( 1 mark)
- is NOT a theory of ethics.
(a) Utilitarian ethics theory
(b) Deontological ethics theory
(e) Capitalistic ethics theory
(d) Virtue ethics theory (1 mark)
- One of the following is NOT an organ of government.
(a) County Government.
(d) Parliament. (1 mark)
- Which one of the following is NOT a court’s guiding presumption in the construction of statutes or Acts of Parliament.
(a) Presumption that the statute was not intended to change or modify the common law.
(b) Presumption that the statute was not intended to interfere with individual vested rights.
(c) Presumption that the statute was not intended to apply to all citizens.
(d) Presumption that the statute was not intended to apply retrospectively. (1 mark)
- One key role of an ethical committee in resolving ethical dilemma in an organisation is
(a) to ensure that disciplinary action is taken against employees who do not adhere to ethical standards of the organisation.
(b) to ensure that only employees who are of high ethical standards are employed.
(c) to advise the organisation on how best to deal with unethical clients and employees.
(d) to ensure there is effective communication, reinforcing ethical values and good practice in an organisation. (1 mark)
- Which one of the following is NOT registrable through the online business registration system in Kenya?
(a) Negotiable instruments.
(b) Companies limited guarantee.
(d) Business names. (1 mark)
- Which one of the following is NOT a manner in which authority assigned to a state officer may be exercised?
(a) Must be consistent with the Constitution.
(b) Must demonstrate respect for the people.
(c) Must bring honour to the nation and dignity to the office.
(d) Must follow orders of their seniors. ( I mark)
- Which one of the following is NOT a jurisdiction of the High Court of Kenya?
(a) Hearing appeals from subordinate courts.
(b) Hearing presidential election disputes.
(c) Interpretation of the constitution.
(d) Enforcement of fundamental rights and freedoms. (1 mark)
- A principle in administration of justice whereprevious decisions are applied in subsequent similar cases is referred to as
(a) stare decisis.
(b) obiter dictum.
(c) ibi j us ibi remedium.
(d) writ. ( 1 mark)
- Which one of the following is NOT a maxim of equity?
(a) Equity seeks to protect the less privileged.
(b) He who seeks equity must do equity.
(c) He who comes to equity must come with clean hands.
(d) Equity is equality. ( I mark)
- Distinguish between “statutory law” and “constitutional law”
(a) Statutory law is supreme law of a country while constitutional law is not.
(b) Statutory law can be amended parliament while constitutional law can only be amended the public directly.
(c) Statutory law is made parliament while constitutional law is made the executive.
(d) Statutory law reflects the will of the people as expressed through their democratically elected representatives while constitutional law is made directly the people and is superior to statutory law. (1 mark)
- Which one of the following is NOT a principle of law?
(a) Supremacy of law and equality before the law.
(b) Patriotism, nationality and unfettered respect for superior orders.
(c) Accountability to the law and fairness in the application of the law.
(d) Separation of powers, participation in decision making and legal certainty. ( 1 mark)
- Identify one dispute that cannot be resolved under African Customary law.
(a) Disputes relating to land held under customary tenure.
(b) Marriage, divorce, maintenance or dowry.
(c) Matters affecting personal status.
(d) Impregnating of an unmarried woman. (1 mark)
- Which one of the following is NOT a right guaranteed under the Kenyan constitution?
(a) Right to freedom and security.
(b) Right to freedom of artistic creativity.
(c) Right to electricity.
(d) Right to go on strike. (1 mark)
- What does administrative law deal with?
(a) The establishment of public bodies, authorities and organs and the nature of duties given to them as well as their relationship with the citizens.
(b) The legal relationship between the public officers and the citizens.
(c) Administrative of justice within a country’s legal system.
(d) The mode of administration of the law once passed parliament. (I mark)
- Which one of the following is NOT an element of separation of powers?
(a) There should be different organs of government.
(b) The organs should have different functions.
(c) No person should be a member of more than one organ.
(d) The organs of government should always be interdependent. (1 mark)
- Which one of the following is NOT an alternative method of dispute resolution?
(d) Arbitration. ( I mark)
- Which one of the following is NOT a power of an arbitrator?
(a) To enforce an arbitral award.
(b) To determine whether he has jurisdiction to hear the dispute.
(c) To provide interim relief or remedies where necessary.
(d) To determine admissibility of evidence brought before him. (1 mark)
- Which expression best describes ethical norms?
(a) These are standards which a society, organisation or professional body adopts to guide the behaviour of its members.
(b) These are rules and regulations which are set the leaders of a society, an organisation or a profession.
(c) These are normal ethics which are set parliament to be applied a professional body.
(d) These are moral principles that determine what is right and what is wrong. ( I mark)
- Describe the ethical principle of nonmaleficence.
(a) It means that there is an obligation on every person not to inflict harm on others.
(b) It is an ethical principle that prohibits making secret profit.
(c) It is a moral principle of ethics that defines ethics.
(d) It is an ethical principle that requires non male persons to protect their finances. ( I mark)
- Under what circumstances may one disclose confidential information in professional practice?
(a) When one has a dispute with the other party.
(b) One can disclose the information as long as he has been contracted to perform a specific act.
(c) When one has legal or professional duty to do so.
(d) When one is requested to do so any person with an interest in the organisation. (1 mark)
- What does “independence in ethics” entail?
(a) Freedom from conflict.
(c) Intellectual honesty.
(d) Subservience. (I mark)
- Define the term “Alternative Dispute Resolution”.
(a) It is a procedure that allows parties to resolve disputes without resulting to litigation.
(b) It is a procedure that allows parties to avoid a dispute.
(c) It is a process of resolving disputes court.
(d) This is where parties to a dispute resolve not to have disputes again. ( 1 mark)
- Which one of the following is NOT a manner in which a public officer should behave at all times?
(a) In a manner that avoids conflicts between personal interest and public interest.
(b) In a manner that avoids demeaning the office he holds.
(c) In a manner that sticks to core personal beliefs. In a manner that avoids compromising any public interest. (1 mark)
- Which one of the following is NOT a function of the Ethics and Anti-Corruption Commission (EACC) in ensuring ethical standards are observed?
(a) Prosecute and jail corrupt and unethical persons.
(b) Investigate and recommend appropriate action for corruption and unethical conduct.
(c) Prevent the occurrence of corrupt practices.
(d) Recover public property acquired through corruption. (1 mark)
- Under what circumstances can a court of law NOT rely on Common law or Equity as a source of Law?
(a) In the absence of an Act of Parliament.
(b) If it is consistent with written law and the Constitution.
(c) In a criminal case involving theft of public resources.
(d) Where it is applicable and necessary in the circumstances. ( 1 mark)
- Describe the jurisdiction of the small claims court in Kenya.
(a) Deals with cases between children.
(b) Deals with petty offences.
(c) Deals with misdemeanors.
(d) Deals with matters whose value is below Ksh.1 million. (1 mark)
- Describe the composition of the Environment and Land court.
(a) It is composed of two magistrates and one clerk appointed the Judicial Service Commission.
(b) It is composed of one judge and one magistrate appointed the Judicial Service Commission.
(c) It is composed of one Presiding Judge and such number of Judges as may be determined the Judicial Service Commission from time to time.
(d) It is composed of a senior judge as the Presiding Judge and two other Judges appointed the judicial service commission (1 mark)
- Which one of the following is NOT an example of a Tribunal in Kenya?
(a) Political parties Tribunal.
(b) Sports dispute Tribunal.
(c) Copyright Tribunal.
(d) Presidential elections tribunal. (1 mark)
- Which one of the following is a punishment that CANNOT be issued a court’s martial in Kenya?
(d) Extradition. ( I mark)
- Which one of the following is NOT a feature of a corporation?
(a) It has a legal personality.
(b) It can sue and be sued in its own name.
(c) It has perpetual succession.
(d) Members can enter into contract on behalf of the company. (1 mark
- Which one of the following is a constitutional entitlement of a citizen?
(a) Every citizen is entitled to a Huduma Number.
(b) Every citizen is entitled to be employed.
(c) Every citizen is entitled to legal representation.
(d) Every citizen is entitled to a Kenyan Passport. ( 1 mark)
- One of the following is NOT a reason why citizenship acquired registration can be revoked.
(a) Where it was acquired fraud.
(b) Where a person dies.
(c) Where the person is convicted of a felony within the first three years of registration.
(d) Where it was acquired false representation. (1 mark)
- Which one of the following is an illegal partnership?
(a) A law firm with 30 lawyers forming the partnership.
(b) A partnership formed while one of the partners was a minor but attained the age of majority few years ago.
(c) A partnership between a husband and wife.
(d) A partnership which is avoiding paying taxes. ( 1 mark)
- Which one of the following is NOT an element of the defense of contributory negligence?
(a) The plaintiff exposed himself to the risk act of omission.
(b) The plaintiff was at fault or was negligent.
(c) The plaintiff was owed a duty of care the defendant.
(d) The plaintiffs negligence or fault contributed to his suffering. (1 mark)
- Which one of the following is NOT a defense in tort?
(a) Act of God.
(b) Occupier’s liability.
(c) Contributory negligence.
(d) Necessity. ( I mark)
- Which one of the following does NOT amount to trespass to person?
(d) False imprisonment. (1 mark)
- Distinguish between “Libel” and “slander”.
(a) Libel is defamation word of mouth while slander is when the words are written and published.
(b) Libel is when the defamatory statements are expressed in a form that is permanent in nature while slander is defamation word of mouth.
(c) Libel and slander are the same.
(d) Libel attracts a lesser punishment while slander attracts a more severe punishment. ( 1 mark)
- Which one of the following is NOT an essential element of a contract?
(a) The parties must have contractual capacity.
(b) There must be a consideration from the offeror to the offeree.
(c) Contracts must be in writing and signed both parties.
(d) There must be an offer which is accepted the other party. (1 mark)
- Which one of the following is NOT an example of a legal offer under law of contract?
(a) Hailing a taxi.
(b) Bidding at an auction.
(c) Application for employment.
(d) Display of goods on a supermarket shelf. ( I mark)
- Which one of the following is an invitation to treat?
(a) Placing a notice of sale on one’s car.
(b) Taking an item from a supermarket shelf and proceeding to the cashier.
(c) Requesting for the price of a car at a car bazaar.
(d) Paying a premium for an insurance policy. ( 1 mark)
- With reference to the Sale of Goods Act, distinguish between “specific goods” and “unascertained goods”.
(a) Specific goods are those that have been identified and agreed upon the parties at the time when the contract of sale is made while unascertained goods have not been identified.
(b) Specific goods are goods that have been specified under the sale of goods Act while unascertained goods have not.
(c) Specific goods are goods in possession of the seller while unascertained goods are in possession of a third party.
(d) Specific goods have been passed on to the buyer while unascertained goods are still in the possession of the seller. (1 mark)
- Which one of the following contracts of sale of goods is NOT void?
(a) Contracts for the sale for the specific goods which without the seller’s knowledge have perished at the time the contract is made, the contract is void.
(b) An agreement to sell specific goods which subsequently perish without the fault of either party before risk passes the buyer, the agreement is avoided.
(c) An agreement to sell specific goods, price is to be fixed the valuation of a 3’a party who fails to do so, the agreement is avoided.
(d) An agreement to supply luxuries to a minor. ( 1 mark)
- Which one of the following is NOT a term implied in Sale of Goods contracts under Sale of Goods Act.
(a) Goods must be of merchantable quality.
(b) Goods must fit the description.
(c) The seller must have the right to sell.
(d) The seller must deliver the goods. (1 mark)
- Under what circumstance may the court imply terms in a sale of goods contract?
(a) When it is necessary in order to give effect to the intentions of the parties and facilitate commercial transactions or give business efficiency.
(b) Court may imply terms in a contract at any time on its own motion when there is a delay in performance.
(c) When it is clear from the contract that the contract was exhaustive.
(d) When the parties have mutually agreed to terminate the contract. ( 1 mark)
- Identify a circumstance under which a factor CANNOT pass a good title if he has no authority to sell.
(a) If he sells the goods to a purchaser for value who has actual notice.
(b) If he sells the goods in his capacity as a mercantile agent.
(c) If he sells the goods in the ordinary course of business.
(d) If he sells goods of which he has possession of with the owner’s consent. (1 mark)
- Which one of the following is NOT a duty of a seller in a contract for the sale of goods?
(a) Duty to put the goods into a deliverable state.
(b) Duty to communicate any defect in the goods.
(c) Duty to pass a good title.
(d) Duty to deliver the goods. (1 mark)
- Under what circumstances can a seller lose the right of lien over the goods?
(a) Where goods have not been sold on credit and the term of credit has expired.
(b) If the buyer becomes insolvent.
(c) If he has waived the right.
(d) When the term of the contract has expired. (1 mark)
- Which one of the following is NOT a reason why a buyer may reject the goods and repudiate the contract?
(a) If the seller delivers more goods than the quantity contracted for.
(b) If the seller delivers less goods than the quantity contracted for.
(c) If the seller delivers installments contrary to the terms of the contract.
(d) If the seller delivers the goods earlier than agreed. (1 mark)
- Describe the meaning of the term “Nemo dat quod non habet”.
(a) It means that a seller must have the right to sell in order to pass a good title.
(b) It means that a seller cannot transfer a better title than he has.
(c) It means that a seller who does not have a good title can pass a good title if he sells to an innocent third party for value.
(d) It means that the seller must sell goods that correspond with the description. ( I mark)
- Which of the following is NOT a way of discharging a contract?
(c) Impossibility or Doctrine of Frustration.
(d) Stare decisis. ( 1 mark)
- Which of the following is NOT an objective of a code of ethics?
(a) To promote and maintain confidence in the integrity of the corporation.
(b) To harmonise the concepts of social responsibility, public accountability and profitability.
(c) To promote the development of undesirable practices.
(d) To lay down standards for personal and corporate behaviour. (1 mark)
- Which of the following interests are NOT protected the law of Tort?
(a) Physical injury.
(c) Injury to property.
(d) Loss in business due to the breach of contract. ( I mark)
- Which one of the following is NOT a duty of a seller under the sale of goods law?
(a) Duty to deliver the goods.
(b) Duty to pass a good title.
(c) Duty to put the goods into a deliverable state.
(d) Duty to pay instalments. (1 mark)
- The following are definition of various terms used in law. Which of the following does not match its definition?
(a) Delegated legislation: Law made parliament directly.
(b) Ultra vires: Latin term which means “beyond the powers”.
(c) Stare decisis: Latin term which means “the decision stands”.
(d) Precedent: An earlier decision of a court. ( I mark)
- Which of the following is an example of a public law?
(a) Contract law.
(b) Law of property.
(c) Administrative law.
(d) Law of succession. ( I mark)
- Which of the following is the most supreme source of law in Kenya?
(a) Act of Parliament.
(c) Delegated legislation.
(d) Statutes of General Application. (1 mark)
- In the event of a breach of contract, what is the purpose of damages?
(a) To punish the contract breaker.
(b) To compensate the innocent party.
(c) To put the innocent party in the same position as if the contract had been carried out correctly.
(d) To make the contract breaker face the consequences of his breach. (1 mark
- In relation to revocation of an offer in a contract, which of the following statements is FALSE?
(a) An offer is revocable even in circumstances in which the offeror has promised to keep it for to a specified duration, unless an option exists.
(b) Revocation becomes legally effective when notice is received the offeree.
(c) An offer is irrevocable after acceptance.
(d) A bid at an auction is revocable until the hammer Ells. (1 mark)
- Which of the following is a remedy to defamation?
(a) Justification or truth.
(b) Act of third parties.
(c) Act of God.
(d) Statutory authority. ( 1 mark)
- Which of the following is NOT a way of becoming a citizen in your country?
(d) Naturalisation. (1 mark)
- Which of the following is NOT a way of forming a corporation?
(a) By Registration
(b) By Statute
(c) By Charter
(d) By Liability. (1 mark)
- Martin and Brian entered into a contract whereMartin agreed to sell Brian Sh.10,000,000/= worth of Bhang, an illegal substance in the country. This is an example of which type of contract?
(a) Quasi contract.
(b) Void contract.
(c) Voidable contract.
(d) Judicial contract. (1 mark)
- In order to have a valid contract there must be
(a) an offer and an acceptance.
(b) a written expression of the terms.
(c) a reliable witness if the contract is oral.
(d) an understanding of the terms one of the parties. (1 mark)
- Who among the following has powers to convene a court martial?
(a) The Chief of General Staff.
(b) The Inspector of Police.
(c) The Major General.
(d) Lieutenant General. ( 1 mark)
- The maximum number of members a private company can have is
(a) 50 members.
(b) 25 members.
(c) 12 members.
(d) 2 members. ( 1 mark)
- Which of the following is a general remedy for Tort?
(d) Confrontation. ( 1 mark)
- A contract may be discharged in any of the following ways EXCEPT?
(a) By frustration.
(b) By performance.
(c) By inaction.
(d) By breach. ( I mark)
- Which of the following is NOT a vitiating factor to a contract?
(a) Ultra Vires.
(d) Undue influence. (1 mark)
- Which of the following is an ethical issue that could arise in businesses today?
(a) Diversity discrimination.
(c) Social morality.
(d) Kantianism. ( I mark)
- Which of the following is a form of ethics which reflects an individual’s internal sense of how he should live and act as the basis for moral decisions?
(a) Personal ethics.
(b) Ethical virtues.
(c) Ethical values.
(d) Ethical principle. (l mark)
- Which of the following court comes third in the hierarchy of courts?
(a) Court of appeal.
(b) High Court.
(c) Supreme Court.
(d) Magistrates Court. ( I mark)
- Which of the following is NOT a moral duty?
(a) The duty to tell the truth.
(b) Obey the law.
(c) Protect people from harm.
(d) Not keeping one’s promises. (1 mark)
- What do you call a set of rules for guiding the actions or employees or members of an organisation?
(a) Code of conduct.
(b) Mission statement.
(c) Social responsibility policy.
(d) Corporate ethics. (I mark)
- What is the standard of proof in a criminal case?
(a) On a balance of probability.
(b) Of adequacy.
(c) Beyond reasonable doubt.
(d) With benefit of doubt. (1 mark)
- The ethical approach that states that what is right for one person is not necessarily right for everyone is
(b) intrapersonal pluralism.
(d) interpersonal pluralism. (1 mark)
- Which of the following is NOT a freedom guaranteed the Constitution?
(a) Freedom of movement.
(b) Freedom of dress code.
(c) Freedom of conscience.
(d) Freedom of assembly and association. (1 mark)
- Which of the following is NOT an area of ethical study?
(a) Normative ethics.
(c) Applied ethics.
(d) Advanced ethics. (1 mark)
- Explain the meaning of the term “ratio decidendi”.
(a) All of the evidence and facts presented during a court case, which have been recorded a court’s official.
(b) The reasons for the court’s decision.
(c) Identification of whether the case involves civil law, or criminal law.
(d) Comments and statements made the judge or magistrate during the conduct of the case. (1 mark)
- What is NOT considered unethical business practice?
(a) Treating employees unfairly.
(b) Training employees right out of school.
(c) Selling substandard product.
(d) Lying about a price to make a bigger profit. ( 1 mark)
- Which of the following is NOT a potential ethical issue in the workplace?
(d) Conflict of interest. ( I mark)
- Which of the following BEST describes the liability of partners in respect of the firm’s debts?
(a) Limited up to the amount of his capital in the business.
(c) Limited up to the amount of guarantee given the partner.
(d) Limited up to the amount of his capital and loan to the firm if any. ( 1 mark)
- Two (or more) persons who inflict the same damage upon the claimant, but through independent means in tort are known as?
(a) Several concurrent tortfeasors.
(b) Joint tortfeasors.
(e) Separate tortfeasors.
(d) Independent tortfeasors. ( 1 mark)
- The initial amount paid at the start of a hire purchase agreement is known as
(c) Cash price.
(d) Hire purchase price. ( 1 mark)
- Which of the following laws provides for the bill of rights?
(a) The Penal Code.
(b) The Public Officer Ethics Act
(c) The Constitution
(d) The Civil Procedure Code. ( 1 mark)
- Which of the following is NOT an example of a substantive law?
(a) Civil procedure code
(b) Marriage law
(e) Law of succession
(d) Penal code. ( 1 mark)
- Which of the following is NOT a norm in the conduct of a public officer?
(a) Commitment to public interest.
(d) Political neutrality. (1 mark)
- With reference to Public Officers Ethics Act, who among the following is NOT a public officer?
(d) Security guard. (1 mark)
- Which of the following is NOT a way of terminating an offer to a contract?
(a) Standing offer.
(b) Counter offer.
(c) Lapse of time.
(d) Rejection. ( 1 mark)
- Law can be classified into Public and Private law. Which of the following matches correctly?
(a) Law of Succession — public.
(b) Contract law — public.
(c) Criminal Law — public.
(d) Administrative Law — private. (1 mark)
- Which of the following is NOT contained in Chapter Six of the Kenyan Constitution 2010 on Leadership and Integrity?
(a) Responsibilities of leadership.
(b) Dress code for State officers.
(c) Conduct of State Officers.
(d) Financial integrity of State Officers. (1 mark)
- Which ONE of the following is a privileged statement under the tort of defamation?
(a) Any statement made in the course of and with reference of judicial proceedings any judge, jury, party, witness or advocate.
(b) Fair and accurate report in any newspaper of proceedings heard before any court.
(c) A statement a pastor while preaching to part of the church congregation.
(d) Any statement made in parliament a member of parliament. (1 mark)