KENYA SCHOOL OF LAW

2023/2024 ACADEMIC YEAR

ATP 103: LEGAL WRITING AND DRAFTING

PROJECT WORK FOR ALL CLASSES

INSTRUCTIONS:
1. Answer all questions
2. Observe page limits (insert page numbers)
3. Use Times New Roman Font (12)
4. Spacing 1.5
5. DATE OF SUBMISSION
The project work shall be done as per the 2023 ATP PROJECT WORK GUIDELINES and submitted in
hard copy to the ATP office on a date to be communicated in due course and in Soft copy to the
email for your class instructor..

Question 1 (10 Marks)

Alex Mwamburi took a loan of Ksh. 25,000 from Sonko Credit. Sonko Credit is a digital lender
available through a mobile phone application known as ‘Omoka’. Alex has the ‘Omoka’ app on his
android mobile phone. Alex had found that signing up for the loan was such an easy process, all he
had to do was provide his name, National Identity Card number, email address, location, and two
phone numbers of people close to him. Alex also granted ‘Omoka’ app access to his mobile phone’s
calendar, location, contact list, messages, microphone, and camera.

Alex was required to pay back the loan with 25% interest within 60 days. ‘Omoka’ app did not provide
any other written terms and conditions. ‘Omoka’ app sent Alex weekly reminders of the deadline to
pay back the Ksh. 25,000. Due to financial constraints, Alex could not service the loan within the
stipulated time. Sonko Credit had Alex listed with the Credit Reference Bureau as a defaulter. John,
Sonko Credit’s Director constantly called Alex threatening him with ‘grave’ consequences if he did
not pay up.

On 9th March 2023, Alex’s boss received a text from Sonko Credit which read:
‘You are now attached by a serious defaulter by the Name: Alex Mpole 0349875399 who
used your details as a referee begging for your contribution on the same. Being the last
warning. Seek clearance from this rogue client who has refused to pay off the loan Ksh.
25,000. Avoid being denied loans, listed in CBK, CRB and or your job application being
rejected. We are going to look after you.’

Page 1 of 3
The text had been sent to everyone on Alex’s contact list. This was not only embarrassing to Alex,
but he also lost two potential clients. Alex pleaded with Sonko Credit to review his credit terms, but
Sonko Credit would hear none of it. Alex also discovered that ‘Omoka’ app had no comprehensive
terms and conditions for the digital loans they offered. Further, the app had no privacy policy and
was not licenced to operate by the Central Bank of Kenya.

Sonko Credit has since posted Alex’s photo, email address, phone number, and place of work
indicating that he is a notorious loan defaulter.

On 1st April 2023 Alex instructed your firm to represent him on this matter.

With the above information, draft the following:

a.) A research outline for the matter, (Maximum two (2) A4 pages) and
b.) A legal opinion to Alex explaining to him his legal position and options available to him.
(Maximum four (4) A4 pages).

Question 2 (7 Marks)

Critically analyse the NGOs Co-ordination Board V EG & 4 Others; Katiba Institute (Amicus Curiae)
(Petition 16 Of 2019) [2023] KESC 17 (KLR) (24 February 2023) (attached) Supreme Court decision and
draft:

A case brief (Maximum five (5) A4 pages).

Question 3 (3 Marks)

Re-draft the text below in plain English.

Operations of transfer:

Unless a different intention is expressed or necessarily implied, a transfer of property passes

forthwith to the transferee all the interest which the transferor is then capable of passing in the
property, and in the legal incidents thereof. Such incidents include, where the property is land, the
easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things
attached to the earth; and, where the property is machinery attached to the earth, the movable
parts thereof; and, where the property is a house, the easements annexed thereto, the rent thereof
accruing after the transfer, and the locks, keys, bars, doors, windows and all other things provided
for permanent use therewith; and, where the property is a debt or other actionable claim, the
securities therefor (except where they are also for other debts or claims not transferred to the
transferee), but not arrears of interest accrued before the transfer; and, where the property is
money or other property yielding income, the interest or income thereof accruing after the transfer
takes effect.
Page 2 of 3
Apportionment of benefit of obligation on severance:

When, in consequence of a transfer, property is divided and held in several shares, and thereupon
the benefit of any obligation relating to the property as a whole passes from one to several owners
of the property, the corresponding duty shall, in the absence of a contract to the contrary amongst
the owners, be performed in favour of each of such owners in proportion to the value of his share in
the property, provided that the duty can be severed and that the severance does not substantially
increase the burden of the obligation; but if the duty cannot be severed, or if the severance would
substantially increase the burden of the obligation, the duty shall be performed for the benefit of
such one of the several owners as they shall jointly designate for that purpose: Provided that no
person on whom the burden of the obligation lies shall be answerable for failure to discharge it in
manner provided by this section, unless and until he has had reasonable notice of the severance.
Nothing in this section applies to leases for agricultural purposes unless and until the Local
Government by notification in the official Gazette so directs.

Page 3 of 3