KENYA SCHOOL OF LAW

ADVOCATES TRAINING PROGRAMME

ATP 103: LEGAL WRITING AND DRAFTING
PROJECT WORK 2024-2025 FOR ALL CLASSES

Instructions:
- Answer all questions
- Observe page limits (insert page numbers)
-Use Times New Roman Font (12)
- Spacing 1.5
-You must adhere strictly to the Kenya School of Law Project work Guidelines 2024 – shared
on email. Failure to observe these guidelines will attract penalties
-Republic v Joseph Irungu Alias Jowie and Jacqueline Wanjiru Maribe High Court decision of
9th February 2024 (110pages) attached for use in question 2

QUESTION 1 (8 MARKS)
Andrea Wakesho, a University student at Wasomi University in Embu stumbled upon some
confidential documents on her university's server. Apparently, the server had not been secured by the
University’s ICT Department. Andrea downloaded the documents onto a flash drive with the intention
of studying them further. The University’s ICT Department had no idea that Andrea downloaded the
documents. However, to date, Andrea is yet to study the documents.

Unknown to Andrea, her roommate Timona Wandia had been secretly observing her actions and
decided to record a video of her accessing the confidential documents. Timona then shared the video
on several social media platforms accusing Andrea of hacking into the university's server and stealing
sensitive information. Timona on her social media posts referred to Andrea as ‘an incorrigible hacker
and thief’.

Due to Timona’s social media posts, Andrea has been summoned by the Directorate of Criminal
Investigations to shed light on the allegations levelled against her. The University Senate has also sent
a letter to Andrea to show cause as to why she should not face disciplinary action.

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 Andrea explaining her legal position and options available to her.
(Maximum four (4) A4 pages).
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QUESTION 2 (8 MARKS)

Critically analyse the Republic v Joseph Irungu Alias Jowie and Jacqueline Wanjiru Maribe High Court
decision of 9th February 2024 and draft a case brief. (Maximum five (5) A4 pages).

QUESTION 3 (4 MARKS)

Re-draft the text below in plain English.

a. In determining the amount of such net addition as aforesaid, regard shall be had to the purposes
for which it is intended that the premises shall be used after the termination of the tenancy, and if
it is shown that it is intended to demolish or to make structural alterations in the premises or any
part thereof or to use the premises for a different purpose, regard shall be had to the effect of such
demolition, alteration or change of user on the additional value attributable to the improvement,
and to the length of time likely to elapse between the termination of the tenancy and the demolition,
alteration or change of user.

b. In pursuance of this Agreement and in consideration of the Purchase Price paid to the Lessor by
the Lessee on or before the execution hereof (the receipt whereof the Lessor doth hereby
acknowledge) and in further consideration of the covenants and conditions on the part of the Lessee
hereinafter contained the Lessor DOTH HEREBY LEASE unto the Lessee the Apartment
TOGETHER WITH all the rights attached thereto as specified in the Second Schedule hereto but
excepting and reserving to the Manager the rights specified in the Third Schedule hereto TO HOLD
the Apartment unto the Lessee for the unexpired residue of the term of Ninety Nine (99) years from
the 1st day of March, 1990 YIELDING AND PAYING (less the thirty (30) days thereof therefore
the annual rent of one peppercorn (if demanded) payable on the first day of January each year
together with the Service Charge to become due pursuant to the provisions of Clause 6.1 by way of
additional rent SUBJECT TO all rights easements privileges restrictions covenants and stipulations
of whatever nature affecting the Apartment and to the following terms and conditions:-

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