KNEC| KASNEB| KISM| Study notes and Revision materials for schools in Kenya. KNEC certificate courses, Diplomas, Higher Diplomas, KISM courses cpsp-k and aps-k, KASNEB cpa, atd, cs, cifa, ccp, dcm, cict and cict, Ksce and Kcpe
In relation to the court system in your country, State five superior courts Superior courts include; Supreme Court: it is “properly constituted for purposes of its proceedings when it has a composition of judges and ha exclusive original jurisdiction to hear and determine disputes relating to the election of the office of the president. Court
In its supervisory jurisdiction and civil jurisdiction, the high court can grant remedies that ensure the enjoyment of fundamental rights by individuals. Identify five remedies that may be granted by the high court to enforce the enjoyment of fundamental rights and freedoms of citizens. Remedies that may be granted by the High Court to enforce
Discuss the jurisdiction of the employment and labor relations court (formerly the industrial court) in your country The jurisdiction of the employment and labour relations court (formerly the industrial court) in your country Disputes relating to or arising out of employment between an employer and an employee. Disputes between an employer and a trade union.
Circumstances under which the high court might set aside an arbitral award One of the parties to the arbitration agreement had no capacity to enter into it. The arbitration agreement was invalid in law. The party was not offered sufficient notice for the appointment of an arbitral tribunal. The arbitral tribunal was not constituted in
Explain the remedies that might be granted by the high court in the enforcement of the fundamental rights and freedoms Mandatory orders A mandatory order requires the defendant in judicial review proceedings to do something, namely, to carry out the duty that it is obliged to execute by law. An example of where a mandatory
Explain four implied provisions in arbitration agreements Implied provisions in arbitration agreements An arbitration agreement shall be in writing A written document by the parties An exchange of letter. Telex, telegram or other means of telecommunications which provide a record of the agreement. An exchange of statements of claim and defense in which the existence
The judiciary is the arm of government that is concerned with application of law in adjudicating over legal disputes. Explain five functions of the judiciary Function of Judiciary The judiciary comprises of various courts of law and there presiding officers, including the Judicial Service Commission. Each court has specific jurisdiction but the general functions include
Discuss the concept of “rule of law” Concept of ‘ rule of law’ The concept of the Rule of Law is a framework developed by Dicey on the basis of the English Legal system. It is also described as the due process. According to Dicey, rule of law comprises three distinct conceptions namely; Absolute supremacy
Discuss the constitutional concept of separation of powers and ways in which it can be applied in your country Constitutional concept of separation of powers and ways in which it can be applied in your country Under the doctrine of separation of powers, reference is usually made in relation to groups or bodies with administrative
Highlight three remedies available in civil action Remedies available in a civil action Committal to civil jail This is a short jail term where the judgment debtor has failed or refused to honor the decree. The objective is to compel such person to retain his position and respect the court order. Specific performance This is
