CPA Foundation Level

Introduction to Law and Governance flashcards

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Complete Flashcard Reference

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In what order does section 3(1) of the Judicature Act (Cap 8) rank the sources of Kenyan law?

1. The Constitution. 2. All other written law, including Acts of Parliament and delegated legislation. 3. African customary law, so far as applicable and not repugnant to justice and morality. 4. The substance of the common law, the doctrines of equity and the statutes of general application in force in England on 12 August 1897, as qualified by Kenyan circumstances, where no written law or applicable custom covers the point.

What are the three classic grounds of judicial review of administrative action?

Illegality: the decision-maker exceeded the power granted (ultra vires), misunderstood the law, used the power for an improper purpose, or took account of an irrelevant consideration or ignored a relevant one. Irrationality (Wednesbury unreasonableness): a decision so unreasonable that no reasonable decision-maker could have reached it. Procedural impropriety: failing to follow a mandatory procedure, or breaching natural justice. The GCHQ case set out this three-part classification; section 7(2) of the Fair Administrative Action Act, 2015 now lists a longer set of grounds.

Where does an appeal go from the Employment and Labour Relations Court or the Environment and Land Court, and why?

Straight to the Court of Appeal. Both courts are established under Article 162(2) with the status of the High Court, so they do not sit below it. An appeal from them takes the same route as an appeal from the High Court itself.

What must a claimant prove to succeed in negligence, and which case goes with each element?

Duty of care: the neighbour principle (Donoghue v Stevenson). Breach: falling below the objective standard of the reasonable person (Blyth v Birmingham Waterworks; Nettleship v Weston). Causation in fact: the but-for test (Barnett v Chelsea and Kensington Hospital). Remoteness: the damage must be of a reasonably foreseeable kind (The Wagon Mound). Failure on any one element defeats the claim.

What are the essentials of a valid contract?

Offer and acceptance. Consideration from each party (unless the contract is made by deed). Intention to create legal relations. Capacity of the parties. Legality of object and certainty of terms. Any formality the law requires, such as writing for a guarantee or a contract for an interest in land (section 3, Law of Contract Act, Cap 23).

Which terms do sections 14 to 17 of the Sale of Goods Act (Cap 31) imply into a sale?

Section 14, title: a right to sell (a condition), freedom from undisclosed encumbrances and quiet possession (warranties). Section 15, description: the goods correspond with the description (a condition). Section 16, quality and fitness: fit for a purpose the buyer made known in reliance on the seller, and of merchantable quality when bought by description from a dealer (conditions). Section 17, sample: the bulk corresponds with the sample (a condition).

What is the difference between an agent's actual authority and apparent authority?

Actual authority is what the principal in fact conferred, expressly or by implication. It governs the relationship between principal and agent. Apparent authority is what the agent appears to have because of the principal's own representation to the third party. It binds the principal to a third party who relied on it without notice of any private limit (Freeman and Lockyer v Buckhurst Park Properties).

What are the main principles of insurance?

Utmost good faith: disclose every material fact before the contract is made. Insurable interest: the insured must stand to lose by the event. Indemnity: recover the actual loss and no more. Subrogation: the insurer that has paid takes over the insured's rights against a wrongdoer. Contribution: insurers of the same interest share a doubly insured loss. Proximate cause: the insured peril must be the dominant and effective cause. Loss minimisation: act as a prudent uninsured person would.

Into which three classes does Article 61 of the Constitution divide land in Kenya?

Public land (Article 62): held by the national or a county government in trust for the people, such as forests, national parks, roads and unalienated government land. Community land (Article 63): vested in communities, such as ancestral land or land registered in the name of group representatives. Private land (Article 64): registered land held under freehold tenure, land held under leasehold tenure, and any other land an Act of Parliament declares private.

What are the five fundamental principles of the Code of Ethics for Professional Accountants, and the five threats to them?

Principles: integrity, objectivity, professional competence and due care, confidentiality, and professional behaviour. Threats: self-interest, self-review, advocacy, familiarity and intimidation. The professional identifies and evaluates each threat, then applies safeguards or declines the engagement.

How does law differ from morality?