Answer Question ONE which is compulsory and TWO other Questions
1. “Ambiguity, contradiction and difficulty are often concomitant weeds to word based
tools of human communication, because words are not transparent and unchanging
crystal; they are a tangle: a loose bundle of a living thought and may vary greatly in
colour and content according to the circumstance and the time in which they are used. It
is for judges to give meaning to what the legislature has said, and it is this process of
interpretation which constitutes the most creative and thrilling functions of a judge.”
Mbaluto & Kuloba JJ, Kenya Bankers Association & others Vs Minister for
Finance & Another (No. 4) [2002] 1 KLR 61.
a) Explain the various rules of statutory interpretation. (15 marks)
b) Distinguish between the interpretation of statutes and the interpretation of the
constitution. (15 marks)
2. Briefly explain the sources of law in Kenya and discuss the impact of the constitution of
Kenya 2010 on the sources of law in Kenya. (20 marks)
3. Discuss the establishment, status, composition and jurisdiction of the Kadhi’s Court in
Kenya’s judicial system. (20 marks)
4. Write short explanatory notes on the following:
a) Adversarial systems. (5 marks)
b) Inquisitorial systems. (5 marks)
c) The council of Legal Education. (5 marks)
5. Discuss the meaning of law from the point of view of natural law thinkers. (20 marks)
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