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    ‘THIRD YEAR EXAMINATIONS FOR THE DEGREE OF BACH UNIVERSITY OF NAIROBI UNIVERSITY EXAMINATIONS 201472015, LOR OF LAWS GPR 30S: FAMILY LAW. INSTRUCTIONS ‘Answer Question 1, which is compulsory and any other 2 Questions. Qu. a2 o © © o » © Modern family law, around the world focuses onthe nuclear family and the lealiy uf uuasiage a ts fundamental wit. However, the focus on nucleer families has been myopic, in that many familial groups have been excluded fiom being considered as families under the law...” Comment and briefly critically analyze the above statement in relation to the diversity ofthe family uit in Kenya. (10 Maris) [What are the potential pfoblems of “non-legal families that have eluded to grin legal recognition in Kenya? (10 Marks) List five statute awe which are relevant to relations pertaining to'marriage ‘based family options. (10 Marks) ali partner, polygamous and other treditional procrestionl aig have ‘now been sanctioned by the Marriage Act 2014. What other forms of marriages ae provided for by the low? (10 Marks) (Comment briefly on the stats and legality of customary same sex manages ‘as opposed to contemporary same sex coupling (5 Marks) Should family law adopt a legal definition and reeogntion of nos-marital families? Comment Briely (Marks) Page Lot a Qa 4, ‘Trish Wambai has 2 children with Moses Otieno, though not legally marred to him, [Neighbours who know Otieno’s wife Mauceen refer (o Trish as Otieno’s concubine ‘Tish and Otisno consider themselves “married. Otieno's marrage to Maureen was contracted 7 years ago pursuant tothe Mariage Act Cap 150 now repealed), Otieno hnas been diamosed with cancer and is dying. Trish is distressed and has come to Yyour office for advice pertaining to her status and the tights of ber 2 children Fred and Shaniqua. All of Oteno's properties are rgisteced in his legal wife's name (Advise Tish (10 Marks) Gi) Whats the distinction between Trish and Otieno’spariership and « common Jaw mariage? (10 Marks) Advise the fallowing spouses: (©) Peter is successful church going businessman who 's sincerely devoted to God. Six years ago he met Paula ata stip club ia Nairobi and marted her in ‘chureh hoping to “reform” her, Paula is unemployed. Paula is obsessed with internet shopping and has spent vast sums of money on designer clothes, shoes and handbags. Paula's monthly housekeeping allowance of| Ks 95,000/- has proven not adequate. Paula has run up high bills on Peter's credit cards. She insists on employing three houtekeps, although she docs ‘ot work herself: For the past few months she has refused all of Peter's attempts at sexual intercourse as she does not wish to get pregnant. Peer is ‘broke and so worried about their financial position that eis taking tranquilizers and enidepressants, Peter has recently discovered that Pala has secrety been stripping and engaging in sex with multiple partners to constently upgrade her wardrobe and wine and dine at five star hotels. Peter seeks advice as to whether he has grounds for divorce and how to go about obtaining divorce. (10 Maris) (©) Cherry maried David fifteen years ago. They have 3 children, David does not work and prefers to witch English Seccer on eable TV. He also likes to tink fter midday and spends most of his week days avaiting the childrens ‘ctu from schoo! o that he can assist them with homework. He also cooks the faniy meals and does minor “do it yourself” jobs around the house and the compound, He has never worked and didn't work even when he was, courting Cherry, but loved her for her industrious nature, and the fact that she was vary “giving”. Cherry wants a divorce, David tanks Cherry needs to looses up and enjoy life more. He has proposed tha they sxe a marriage counsllor since they have no problems, Advice Cherry. (QS. Amanda began cohabiting with Laey six yours sy when she mono ie hosoee 06 ‘After six months of cohabitation the couple Wed in church and moved into Armanda'e ‘own howe LR 180/456 in Muthaiga. Even before the wedding, Lamy had the town house altered to provide a newer interior constituting new kitchens, bathrooms, wider doors anda Ii, At the time Amanda was very much in love with Lary, Forth last three yeas, Lamry has been sleping out and drinking heavily. Oa a number of ‘occasions he has lost his temper and has hit Amanda inthe presence of their children ‘casing her severe bruising, On the momings following these events Lary is ful of remorse end has promised Amanda to give up aleohel and teat her and the children better, Two days ago he beat up Amanda and accidertaly fell on thie baby, severely injuring him, Lary also has evicted Amanda from the house and threatened to kill ber and tho children. (Avice Amanda, She does not want police to be involved, but wants to move beck to her house though frightened of the injuries Lany may eause her and the children. (10 Marks) i) Woat rights if any, does Lamry have inthe town house? ‘The property is worth ‘Kes:30,000,000/, Lamy spent Kes 75,000/= on renovations. "The Deed of Ccaveyance (Title) indicates the registered proprietor as Amanda Wacuka Mungai (10 Maris) (®) Waste te rights of legitimate children in Kenya? (1C Marks) (©) Inwhat cases does the cour order for proof of paternity? (Marks) (© What would you consider tobe the disadvantages, if any, of illegitimacy? (5 Marks) Pape 3 of 3 UNIVERSITY OF NAIROBI .Y EXAMINATI ‘THIRD YI ‘LAWS GPR30S. FAMILY LAW DATE: AUGUST 17,2016 TIME: 2.00 P.M.— 4.00 P.M. uiCTH ‘© Answer Question ONE as itis COMPULSORY and any other TWO Questions. ‘+ Write short and articulate Answers. Q1, (@) “The concept of family is at times very easy and very difficult to define”. ‘What would you consider o bea comprehensive definition of family? (Marks) (©) “Itis not the business of government te tell people how to un their day to ay lives but the state cannot abdicae its obligation as protector of families...” What do you consider tobe the relevance of sat interference cof family life? (Marks) (©) Cite S statute laws (explaining also thir key tenets) that you consider of relevance in validating state interference with family life. (10 Maths) (@)_ Which Courts deal with disputes pertaining to family maters? (6 Marks) (©) What do you consider tobe the legal significance of marrage? (4 Marks) Page 1 of 4 ie Samburu is a staunch traditionalist, He did not go to school and is ‘married to S wives. His last and youngest wife Hlannah is 25 year old graduate teacher who married Ole Samburu because he paid her eallege fees and financed her living expenses while at Kenyatta Universit. His other 4 wives ar iliterte and have ao interest in modem edsation, Ole Sambura is a wetlthy man by village stmdards. He owns a herd of 200 cows, 99 goals, 85 sheep, 115 camels and > manyattes. He has 17 children comprising 7 bays and 10 gil Ole Sambura does not believe inthe education or empowerment of the female gender and has forbidden his gil childre from attending schoo! His boys atend school haphazardly and are expected to devote half their Weekdays tending to his livestock. Allis children have boen sircumeised traditionally. His intention is to mamry off three of his denghters aged 12, 14 and 16 before the end of 2016. Ole Samburu has recently forbidden his youngest wife from teaching at the local secondary setiool and expects her to stay home and begin sing children. To pacify her discontent be has proposed to remarry her at the local Catholic Church sothat he ean elevate her status © What laws) do you opine Ole Samburu has defied? List atleast ive statute laws also explaining the nature of violation (10 Macks) il] Father Nicodemus the local priest atthe Maralal Catolie Church has sought your legal opinion a to whether he should solemnize Ole Samburu ad Hannah's nuptials in church, Advice. (S Marks) (i) Hannah wants to make a contribution to society by working as a teacher. fs Ole Samburu's interference with her right to work in Violation of any law(s)? If so, which Law) andl what would you recommend as an appropriate recourse for Hannah? (5 Marks) \What do you conser to be the legal dstineton between cohshitaion and formal marriage? (5 Marks) “A majority of marriages in Kenya are now preceded by & period of habitation..." What do you consider to be the pros and cous of cohabitation? (S Marks) ‘What Constitutional provisions buttress the formal in tution of mariage? (S Marks) Page 2 of 4 a4. Qs © © ® o © ‘The Marriage Act 2014, requires that tae partis” intention to many be Publicis before a marrage (for all marrage types) can be solemnizod. ‘What do you conser to be the objective of publicizing the intention to ‘mary? (SMarks) (i) Ms Maureen is one ofthe more popular Senior Resident ‘Magistrates atthe Milimani Law Courts, Aer evaluating evidence inthe matrimonial cause No, 1 of 2016 between RM versus AM & Another, Maureen bas formed the opinion that the parties (AM & Another) knowingy and willingly filed to comply ‘with requisite formalities of publicizing the intention to marry as ‘AM was already married to RM under customary law and could ‘ot therefore validly contact a civil mariage, RM has sued AM her estranged husband and has also enjoined his iegitimate wife cited in the suit as Another. ‘What orders shouldbe granod in respect ofthe supposed civil marriage between AM and Another? (7 Macks) i) Isitpossible for AM to marry Anather legally? What system of law would allow such a mariage? (Marks) Gi) What lew(s) would justify or validate AM’s merrages? G Marks) What parties would fack capacity to frely and voluntaily conseat to marriage? (5 Marks) “Marriage brings with it legal rights snd obligations Between « couple ‘hich unmarried couples donot have, Exyound this statement, (10 Marks) What law(s) mandate spousal consent for dispositions. alienating ‘matrimonial property? (Masks ‘What property is excluded from the definition of matrimonial property? (S Marks) a @ O) © Define the term parental responsibility defining also the scope and extent of parental responsibilty as encapsulated by the Children Act 2001 (10 Marks) ‘Under what circumstances would parental rights be subjected to challenge by the Courts? (5 Marks) ‘Who else may fgally acquire parestal responsibility apart from natural biological parents? (5 Marks) Page d of UNIVERSITY OF NAIROBI MODULE If PROGRAM 20112012 — UEVENING, (NAIROBN, iR1H YEAR EXAMINATIONS FOR THE. cr ‘GPR 417: LAW OF SUCCESSION fl DATE: MAY 24,2012 TIME 6.00rM 8.00PM. INSTRUCTIONS: Answer any THREE Questions All Questions carry equal macks (23.3) QUESTION ONE. “Thereis no guarantee or certainty tht a beneficiary ofa gift by wil wll eventually receive the aif afer the death ofthe testatoc” ‘Wanytike has been to se you for legal advice, He tells you that he as just leamt that Munyua, the. prominent Gikomba businessman who passed away ten(10) years ago was his father, ‘Apparently Nioki, .Wanyoike's mother, worked at the residence of Munyua as a maid. Something happened between the two leading to bis conception. Munya was a church elder, ‘aed under statue to a woman called Njer and they had five children. Wanycke tells you thatthe estate is yet tobe distributed as there have been several proceedings in cout and piting the chidren of the deceased against one another. Wanyoike would like to join the fexand stake his lain. “Advise him as to the legel position, highlighting his vights and the remedies avaiable to. im. ‘Support your answer with olevant statutory provision and case law, QUESTION THREE, ‘Karasta is a wealthy Kiseian-baseé businessman, He is ninety years old end an ld client of ‘yours. He hes sent for you and ells you that he ould like to make a will. He isiiterate, but ells you that he owns fen pieces of land and glots scared in several parts or Kajiado and Se SS ae Nairobi, He, however, does not have the documents of title with him nor ean he rezall S€ registration particulars of the pieves of land. He says he would lke to distribute th prope” lrtong his fourteen children, bit he ean only eeollect the names of two of tem, Discus the mater, highlighting the precautions you need to take before you prepare the will have it signed by Kasasha, i . QUESTION FOUR i | “african Customary Law and Islamic Law are sources of succession faw in Kenya.” nc Discuss é QUESTION FIVE is a ‘ eit died tst week. A wil was found is box, which contained his docements and bots. pl nas Mbitht's signsture cutout Wit what looks like a razor or a pair of scsscors. iS vine, Nun, as not awace that there wad a wil, and hati was in that box, Sheds ier war taually didnot toueh the contents of the box. The wil had lft had che entre ext to 1) SRUIMRR an old couple‘ ther sies. They dd not have any significant difrene®, °F copinionir disagreements prior to Mbithi's death. volictdy Advise to tn a of si wi UNIVERSITY OF NAIROBI SLCOND SEMESTER EXAMINATIONS 201272913, DAY) POUMTIL YAK UXAMINATIONS FOR TIE LEGREE OF GPR417: LAW OF SUCCESSION DATE: MAY 14,2013 TIME: 2.00 PM,— 4.00 PM Instructions; “Answer any THREE Questions, 1s © In 2012, Zawad dicovered that sho was terminally i. Her family was busy sjoying Zawasi's vast propertis/asets The only peréon who faitfully tooc sare of Zava wns her house-elp. Zavadi told he hotse-hep that he Would sever forget her loyally. One morning Zewadl inatueted her househelp to tae, * all ber @awadi’s sculptures collected ftom Zawadi's travels all over the worldd 4astvluod foe Keaye Shilings Fy Five Milton (Kshs.53,000,000). ‘The house, + ep took al the snipere as instrvcted and kept them inher bedroom. Zewasi ‘oad writin a Will in 2009 where she ff all her asets to her daughter, Zawadi ied sx (6) tmonts alec she gave the soulptures to er house hep. avra has come to you fee legal advice. Wel would youl ee? 2. ‘Wate the objecives ofthe Law of Succession Act (Cap. 160, Lawe of Kenya)? ‘Do you think the Act hn teen success! in mesting these objectives? 3. | OF Wafula's tive wives, only Nalicka does not have childien, Neless has three, Nolita four, Kahaws ten and Nastmniyu ene. Wafula dis intestsce, You tee one of tvo persons grated Letiers of Administration ofthe deveased's existe, How ‘would you handle the estate bearing in mind the provisions ofthe Ac, on faestate suceasion and cose law on similar raters? 4 By use of decided cases, discuss the various ways in which i will may be revoked or altered, A 3. Disease in deta any two of the following: (Execution and atestation of Will, 1 @)—Atecation of Wil (©): Dependency (Capacity to make a Wi UNIVERSITY OF NAIROBI | SECOND SEMESTER EXAMINATIONS 2 EQURTH YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LA (GPR 417. THE LAW OF SUCCES: DATE: APRIL 29, 2014 TIME: 2.00 P.M. 4.00 P.M. INSTRUCTIONS: ANSWER THREE QUESTIONS. QUESTION 1 1S COMPULSORY. 1. @) Discuss the estentials ofa valid will (©) Anderson, « New Zealander, ied domiciled in Kenya last month. He is survived by his widow Bianca, his mother Matilda, his brother Sam, and his two nieces Belding and Loma, His two nieces have been in his care forthe last S years, their parents having never taken care of them, In Januacy this year, he made # will under the Law ‘of Succession Act (Cap, 160-0f the Laws of Kenya) and lef all his propery toone [jeri Kamau. She made the will after Njesi had threstened that she would tll the hole world of an unpleasant episode inhi Ife, unless he willed everything to him. ‘The above named relatives ofthe deceased have come to you seeking advice 2. (@) What purpose (5) does the Law of Succession (Cap, 160 ofthe Laws of Kenya serve? Do you think the Act has been successful in serving this purpose(6)? () Section 3(5) ofthe Law of Succession Act (Cap. 160 ofthe Laws of Kenya) which was introduced into the Act through Act No, 10 of 1981, provides as follows: Notwithstanding the provisions of any writen law, 2 woman mais! wider & ‘sen of hw which pele pljzamy i, whee er bishand ha estat a previous orsbsequnt monojnous rag 1 her wor, peveteles efor tbe purpose of the Act. i er eien are, econ), te eiden writhn be Ast, ‘What necessitated this amendment tothe Act? Did it successfully cure what it Intended to adress? 3. The Law of Successcn (Cap. 160 ofthe Laws of Kenya) was intended tobe universal and ‘to unify all laws relating to succession in Kenya. In the opinion of many scholars, the law does not provide this universality or unity and i fact, contradicts other laws, including the Constitution of Kenyaand many marriage laws (@) What is your opinion on this matter? (©) Whet possible amendments would you suggest, to address these concerns? 4, Section 26 of the Lew of Succession (Cap. 160 of the Laws of Kenys) clearly puts limitation onthe testamentary feeodom given by Section 5 ofthe same Act. Discuss the above satement in light of the Kenyan law regarding te doctrine of testamentary freedom, 5. Discuss in detail any tre ofthe following: (®) Exocution of will, (6) Alteration and revocation of wills. (© Omiwats (@ Succession upon intestacy. UNIVERSITY OF NAIROBI ‘SPECIALSUPPLEMENT: HONS 2011/2012 POURH YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS GPR 417: LAW OF SUCCESSION 52012 TIME: 9.00 AM.— 11.00 AM. All Questions camry EQUAL Marks (23.3) QUESTION ONE (@ What s toe Kenyan lay of fredom of tesaton? 4 (8) Idemsfy on uiscuss the dues and powers of personal representatives, QUESTION FwO ‘Mvanigi Muguia. died 1 week ago at the age of 85. He hed done well for himself as at the time of his death bis estate was valued at Kehs.S billion. His investments were vas, ‘apd diverse" He ovmed coffoe fms (with mature crop) a daly tarm with over 200 ovs, three commercial buildings in Nairobi and several others in Nyandanua and KGlauyu, several heavy trucks, iciors and several other motor vehicles, He elso has shuzes in several bu chip companies as well as money in the bane. He hed made 8 wil {2009 in which be hd disposed ot his property tall his sons, inching those who hal 4 died while his daughters were not included as benefciavies etal inthe wil, He bad also © no given anything to his grandchildren in his will since it was provide thst they would take throvgh their parents. After his death hie 2009 will was found routilted in the ayer of is house, with the exccuion and atestaion clases scratched aff. Together with the mutilated will was another will which was intact and which was expressed to hhave been made four days before the death of Mwangi Mugule. It appears ofthe face of it to have been properly executed and attested. I left the enire estate to one Kimani Kagwe 2 grandson ofthe deceased whose mother Muthoni was daughter to the deveased ‘You have been approached by Chrisiopher, who isa grandson of the deceased who tlle you that inthe lst one week of his life his grandfather would hardly talk or even move CS SSE ee and inhi opinion he was totally incapable of making a will. He algo informs you that in the months before then, Kimani Kagwe had become very close to him (Mwvangi ‘Muguk). He was always at his side and he isthe one who rant the old man's erands. He suspect that something is not quite rghtand seeks your advice. Please advice Christopher. QUESTION THREE Discuss the historical beceground leading up tothe enactment ofthe Law of Succession ‘Act (Cap 160 ~ Laws of Kenys), indicating the extent co which, if at all, the Act has met its objectives QUESTION FOUR [Explain the differences between: (@) —agiftinervivos (©) astautory nomination (2) outon mors causa QUESTION FIVE, Discuss the rules governing the constuction cf wills and testament UNIVERSITY OF NAIROBI uN XAMIN 20142012 = (NAIROBD AR {TIONS FOR B PRAT ELA\ sCCHSSION DATR:_MAV 24,2012 TIME 1130M —130° INSTRUCTIONS: Answer ny TAREE Questions ‘All Questions exmy equal marks 23.3) ql QUESTION ONE “This stcdon cle pits limitations on he testamentary freedom given by Section 5. So tht if ‘aman by his will dsnhests his wife Who vas dependent on him during his lifetime, te court ‘yl interere wh his freedom to dispose of his property by making ressonable provision forthe Usinberied wile. Or if aman atthe point of his death gives to his mists the family's only home ant makes so ressosable provision for his children who were dependent op him during his Hifetie, the cout may well follow the mistress, under Section 26, and make reascpable provision forthe dependent children out of the house given tothe mistress “Bllaabeth Kamer Ndolo-s-Gearge Matata Ndolo Naircbi court of Appeal Civil Appes! No. 128 of 1998 (Giekeru, Omolo and Tunes JA), i Discus the above statement, highlighting 2) The relatouship between the provisions of Seétion $ and Section 26of the Law of Succession Act. The policy behind she said provisions 4 ©) The facts iaken into account in making provision for dependant. QUESTION TWO Rain Paya; &swect old lady in her cighties, was a mother of two. She was the widow of Sudesh wing had left het a magnificent mansion in the Kitisuru area of Nairobi. Two years 8g0 sees a wall in which she left the mansion to her two children jointly. She died two weeks Spo. A oil was discovered, made two days before she died, in which the howe was let to her ee" Sutash, Her other child, Bhushan, es been to see you. He shows you copies of both Jeauments He does vot understand how his mother could have made the second will Riatettng er ofthe house Tle says that atthe time she was in no sate to make a will a she ‘fae quite confused, cbviously on account of er vanced age. Hl tells you thet act he “iinitad a copy ofthe wll he did his ov investigations. He talked to the lawyer who bad ‘purportedly drawn the will, a Mr. Babber, wl tld him that when his snothr visited hich at his ‘chambers she appeared fo be in good health in high spsts and. farly good frame of mind, They held a meeting which lasted about one hour and she wis able to recall events that occumed twenty years prior to thet day. He was also told that the will was signed the following day by respectable members ofthe community from Which Bhushan came, The lawyer also said thet one ofthe witnesses, Dest, rad through the will nd sought some explanations fom both the lawyer and Rampayai, he signed afler he was satistied by the explanations given by both, He then proceeded to assist Rampayari thumbprint the document. Bkudhen dees not understand how his mother could have executed a will a day or two before she died in her sleep. He believes that due to her old age and her medical condition, she sufered from diabetes ant had on, she did nat have the capacity to make the wil, refised me ‘Advise Bhushan ofthe legal positon, cing case law and relevant stautory provisions QUESTION THREE, ‘entity and discuss the law of succession applicable in Kenya today. QUESTION FOUR Dr. Ogeds marsied his primery school sweetheart, Akinyi, under Luo customary lew, shortly after he corppleted his seconsary school education. He weat on to do levels, and thereafter Joined Medical School. When he qualified as «doctor, be setup thriving practice st Dagoret, ‘where he met end manied Wanjs, fellow doctor. After ten years of marrage with Wanje, they fell out and Dr. Ogeda left Nairobi in a huff and set up 2 practice at Ki. He died at Kili, ‘where he: was living with # woman known 2s Dhshabu. This cohabitation was fora period of ‘wo oF so years. Dr. Ogaca had thee children with Akinj, who got three children with other men after Dr. Ogeda disappeared when he qualified as a doctor. He had. one child with Wanja, snd another With Dhahabu. Adhiambo, one of the nurses at his Dagoret linc elms that her son, Okuma, was sired by Dr. Ogids, Rehema of Miwapa also alleges that she got a child, Zainab, with Dr. Odags. The doctor did intestate Discuss the matter concoming svecésion to Dr. Ogads'sexiate: It comprises of his rural house and an adjoining shamba, where Akinyi resides with her children; a residential house at Mountainview Estate, where Wanja resides with her. child; and a Swabs le hose within the Kili tovmship, where Dhahabu lives. He operated only one bark account with the Kenya Commercial Bank, Kiliff Branch, He had two motor vehicles in hie name, alla his Kili home. He bad shares in two blue chip companies. He had also scquired household goods at different times in is thee houses, the most valuable are atthe Mountainview estate QUESTION FIVE, Tdentify and discuss the rales of constrution of documents specie to wills and testaments —END— UNIVERSITY OF NAIROBI ‘SECOND SEMESTER EXAMINATIONS 2010/2012 : FOUKTHLYEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS a ‘GpR-417 = LAW OF SUCCESSION DATE: JUNE37, 2011 TIME: 5.30PM-730"M —_—_ ES SPM = 730M Instructions: Answer ANY THREE Questions, All questions earry equal marks ‘This Isa closed book examination, 1. Kijala bas been to see you alter hearing that you have just studled Law of ‘Suacession at college. She tells you that her father, Wakiaga, died in 2008. After some time her step-brothers called a family meeting, where It was secided thatthe estate was to be shared out in accordance with customary law. The proposed distribution only favours her step-brothers; Kijala and her sisters had been let out. Fer stex-brothers argue that the women are not entitled to anything out of the estats. Discuss the legal position, and advise Kijala With the sid of relevant statutory provisions and case law, distinguish “between: (9) A gitincervivos 4 (b) Agitt subject ofa nomination (©) Agate by wa (@) Agitin contemplation of death 3, . Mutula has been to see you for advice. He tells you that his mother, Muen| married his Yather, lonzo under, the African Christian Marriage and Divorce Act, Cap 151, Laws of Kenya. After ten or so years of marriage, Muen! left the matrimontal home and shifted her base to Nairobi. She would only. visit Machakos whenever there were important functions such as funerals and weddings. Mutuku and his siblings were leftat Machakos with thelr father, Kilonzo. They were being eared for by Mwtkal, a house-gir. Mwikal, after some time began to co-habit with thelr father Kilonzo, and thoy got children together. Kilonzo later visited the parents of Mwikall, and performed the ntfeo ceremony and paid dowry. Kilonzo died twenty years pepto after Muon left che family. A will was escovered which left the entire estate to Mikal and her children. Mutuku and his two brothers, all adults, ae wprking end had been allocated parcels of land by thelr father before he died snd had been assisted with money to acquire assets and set-up businesses. Thelrhalsblings are all schoo-going minors. Discuss the legal positon, and advise Mutuka, ‘The Law of Succession Act was passed by Parllament in 1972, and came into force in 1981. Itisa progressive piece of legislation that was way ahead ofits time,” ‘Anonymous. Discuss the above statement, Njoroge had always been told by his mother, Njeri that Kaniau, a local ‘businessman, was his father.: Njeri never got to Introduce Nioroge to bis, father, and therefore he never got to relate to Kamat, Kamau died last year, and was survived by Walther, local schoolteacher, whois childless. Kamau left a vast estate worth about Ksh-49,000,000/-. He died intestate and Waithera has obtalned letters of administration over the estate.. The grant has been confirmed. In the petition of the grant, Waithera described hherse as the sole survivor of the deceased, and she is seeking to have the entire estate pass to her. Njoroge would like to know whether he has any rights in the estate, ‘Advise Njoroge of his rights, indicating the possible steps that he could tak to secure his interests In the estate. ap aey2 UNIVERSITY OF NAIROBI SUPPLE! RYE (ATIONS 2010/21 FOU! EAR EXAMINATIONS FOR THE DEGREE OF BACHELOR ‘OF LAWS GPR 417: LAW OF SUCCESSION DATE: AUGUST 29, 2011 TIME: 6.00 P.M 8.00P.M. INSTRUCTIONS + Attempt any THREE Questions. All questions carry EQUAL marks. 1, "Outline and discuss the law in Kenya, which regulates matters of «succession and inheritance. judge based at Kisumu. An application, by way of Originating * 7s Suminons, has been presented in court and placed before you for determination. The applicant, Otieno Odero, is tamed the executor ofthe will of Odongo Otiende, who died six months ago. Otieno Odero would like directioas«m the validity ofthe said will. The testator had drawn (he lines of some part ofthe will, leaving the words Jegible and had writen on the back of the will “All hese are revoked.” He ‘thereafter threw the will nto arubbish can, Hlis.servant, Akinyi, while emptying the em noticed the document, revieved it and kept it safely in a drgwer ofa desk within the residence, The will was discovered in that drawer four years later, upon the demise of Odongo Otiende. Otieno ‘Obiero is not certain of the validity of the deeurnent. ‘Wrie a concise ruling/judgment on the Validity ofthe will 3. Identify and discuss the cules of construction relating to wills and 4 testaments Page tof 2 ‘You are an advocate besed at Meru, Karimi has been to see you at your chambers alleging that she had been married to one Gituma under the ‘Aftican Christian Marriage and Divorce Act, Cap 151, Laws of Kenya but then they divorced, Gituma thereafter married two other women under customary law, that ig Nkirote and Mwvendwa. Karimi had two ebildren with Gituma before they divorced after five years of martiage. N&irote and Mivendva also have children. Gituma died a year ago. No, will was fever traced. Nkirote and Mivendwa have obtained a joint grant of lerers of administration intestate, They, have just filed an application for. the ‘confirmation of the grant. In the petition for the grant and also in the ‘confirmation application, Karimi and her children are not mentioned and no stares been allocated to them from the estate of the deceased Discuss the legal position and advise Karimi of her rights end those of her children Discuss the probate jurisdiction of Kenyan courts as set in the Law of Suocessor Act, Cap 160, Laws of Kenye. Page 20f2 UNIVERSITY OF NAIROBI FOURTH YEAR EXAMINATIONS FOR THE DEGREE OF HACHELOR OF LAWS GPR 417: LAW OF SUCCESSION DATE: 7™ SEPTEMBER, 2004 ‘TIME: 6.00 PM. 8.007.M. ‘Answer any THREE questions 1. Munyao Malumbu di intestate two yeas ago and ia survived by two ‘wives and 13 children. The first wife, Leah Mukonyo, has three sons-and- — - four daughters. Out of the Four daughters, one by the name Florence Wayoa is not married although an adult aged 31 years. The second wifé, Teresiah. ‘Kanini, has five sons and one daughter by name Mary Mwende Kioko, who = jem ay The deceased owned five properties namely; (@) _ Kikambuani/Kangundo/234 ~6 acres. (b) 175 shares with Muka Mula Farmerg Cooperative Society Tt (@) 8 shares with Kenya Cooperative Creameries Limited. (@) “540 shares with Barclays Bank of Kenya (©) Katulye/Tala/315—5 acres ‘The family has been unable to agree on the distribution of the estate of the deceased. 1 - ore a7 Reprints of beth house eppcecied you olga on the ~ mutta Thea iene copite ato the sets which ne op the eas noc to to ieeetenret Beceem ‘Advise them : ‘Section 2(1) of the Law of Succession Act (Cap 160 Laws of Kenya) states, as follows: “Except as otherwise expressly provided in this Act or any other written Law, provisions of this Act shall constitute the law pf Kenya in respect of, and shall have universal application to, all cases of intestate of testamentary succession to the estates of deceased persons dying afte the commencement of this Act and to the administration of estates of those persons” Discuss the above provision, indicating the extent to which, in your ‘opinion, the Act can be said to be of universal application. | 3. «Frederick Gatheca died on 7* June 2004, one Elizabeth Nyachuni Gatheca * has petitioned for a Grant of Letters of Administration (intestate) in her capacity as the widow of the deceased. -A notice ofthe Petition has been published in the Kenya Gazette ‘The deceased's mother Pauline Muthoni Getheea has been informed that you are the best probate and administration lawyer in town and has approached you for legal advice. She informs you:- (that Bizabeth claims to Have had married the deceased five years ago and that a traditional “igurario” ceremony was beld at her parents” home. Pauline is not aware of such ceremony and if there was indeed one she

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