UNIVERSITY OF NAIROBI

FACULTY OF LAW

UNIVERSITY EXAMINATIONS 2023

FIRST YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS

GPR 3109: LEGAL SYSTEMS AND LEGAL METHOD

DATE: MONDAY 23RD JANUARY 2023 TIME: 9.00 AM TO 12.00 NOON

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INSTRUCTIONS:

1. This is an open book exam.

2. Answer Question ONE and any other TWO questions

3. Answer sheets are provided in the Google Classroom Platform. However, if you cannot access
it, you are allowed to handwrite your answer, scan it and submit via the Google Classroom
Platform

4. Do NOT write your name anywhere on the answer booklet.

5. Write your Registration Number clearly on your answer sheet.

6. In answering the questions, remember that importance is attached to accuracy and clearness of
expression.

7. You should write and upload your work on the Google Classroom Platform within the time
allocated.

8. Email submissions are NOT permitted by the University rules and regulations on exams.

9. Late submission of the answer script will be disregarded

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QUESTION ONE

‘Any classification of legal systems, even if it is called “common” is bound to be broad

and loose. This is, largely, due to the lack of clear distinctions, and the existence of
overlaps, within the legal realm, since law deals with complex relations among human
beings. This is why, even when we discuss “common world” legal systems, we use
various approaches to, and bases for, classification, like “socio-economic”,
“constitutional” or “international”, among others.’ (Dr. Jen Makini, in her lecture on
The Fluidity of Classifications of World Legal Systems)

(a) Using the various approaches and bases referred to by Dr. Makini, demonstrate the
fluidity of classifications in world legal systems. (15
marks)
(b) To what extent is this fluidity reflected in the classification of laws in the Kenyan
‘legal system’? (10
marks)
(c) In your view, is the Kenyan ‘legal system’ dualist, hybrid, pluralist, or other?
(Provide evidence for your view) (5
marks)

QUESTION TWO

(a) Why is there a need for ‘legal reasoning’ whenever one is dealing with legal rules and
principles? (5 marks)
 (b) With illustrative examples, critically examine three of the approaches to legal
reasoning.

(15 marks)

QUESTION THREE

In the hierarchy of Kenya’s ordinary court system, the Magistrates Courts occupy the lowest
rank, and are intended to provide a wider avenue for the citizens to access justice. Consequently,
they have a simpler structure and lower jurisdictional thresholds, and are more widespread
geographically.

Do you agree with this assessment? Comment with respect to the establishment, structure and
jurisdiction of the Magistrates Courts. (20 marks)

QUESTION FOUR

(a) Why is there need for rules and guidelines for the interpretation of statutes? (5
marks)

(b) Critically examine:

(i) Language-based rules as aids to interpretation. (5

marks)

(ii) The rules of interpretation based on the nature of the statute. (5

marks)

(iii) The extent to which external materials act as aids in interpretation. (5

marks)

QUESTION FIVE

The doctrine of judicial precedent is fundamental to the operation of common law systems. In practice it
means that a judge deciding a particular case will look for a ‘precedent’ – a decision in an earlier similar
case – to help them reach their decision in the case before them.
In view of the above statement, discuss the position of judicial precedent in the Kenyan Legal system. (20
marks)

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