L204: Legal writing and drafting

SECTION A: COMPULSORY

QUESTION ONE
Ramadhan Ahmed, a seventeen years old boy was injured in a road accident as he
was crossing the street, on his way from Jamia Mosque where he had gone to pray.
Eye witnesses said that the boy was hit by a pick up belonging to a Kenya Power &
Lighting Company Registration Number KAR 456D while on a zebra crossing. He
was rushed to Nairobi Outpatient Hospital and thereafter referred to Kenyatta
National Hospital. Dr. Luke Dret a physiotherapist with Kenyatta National Hospital
had this to say:
The young boy was seriously injured with fracture of the left femur, slight concussion
to the skull and broken vertebrae. He will walk again though it will be necessary for
him to go through physiotherapy every week for the next three years.Mr. Ahmed
Musa the father to the boy has come to Inoorero & Company Advocates where you
are employed.

a. Advise him on what he should. (5marks)

b. What steps will you take prior to filing suit if you so choose to file a suit in
court? (5marks)

c. Draft sample pleadings which you would need for this suit. (Do not attach
verifying affidavit for this Question)
(15marks)

d. Briefly describe parts of a plaint. (10marks)

e. As a draftsman one has to research from various source of law. One of those
sources is Statutes. Give fundamental principles of interpreting statutes.
(5marks)

SECTION B: ANSWER ANY TWO QUESTIONS

QUESTION TWO

Mr. John Keith a resident of Dong Dong Estate in Langata comes to you at Inoorero
& Company Advocates where you recently got a job and has this to say.
He is a resident on third floor and on fourth floor stays Mr. Bugle Bean a bachelor
who hires the services of a maid servant every Saturday. The maid servant when
doing her chores, drips water to the occupants of the floor directly beneath them.
Clothes of the occupants when aired are soiled by the dirty water. They have a
young child who is extremely tender and therefore reacts to dirt. When the baby was
taken to Hospital the Doctor said that her rash on the face was due to a reaction to
the clothes that she wore. Mrs. Keith suspects that the baby could have worn clothes
dripped upon from the bad water from the occupiers of fourth floor. The occupants, a
family of Mr. John Keith have now and again made complaints to him but all
complaints including those made through the management have fallen on Deaf ears.
He wants to take legal action against them.
 a. Identify the document you will write for Mr. J Keith? (2marks)

b. Write the document. (13marks)

QUESTION THREE

A. Give the meanings of at least five words listed below.

i. pari materia
ii. ejusdem generis
iii. in esse
iv. pari pasu
iv. prima facie
v. ex parte
vi. mens rea
vii. in rem
viii. per stirpes (5 marks)

B. Briefly describe the history of legal language and the metamorphosis from
Latin, French and finally English. What were the difficulties of early draftsmen
and what led to the retention of certain words in their original form?
(10marks)
QUESTION FOUR

Mrs. Kyama Yetu the secretary of Women of Kenya Maendeleo Group has come
with Mr. Tumbo the owner of property LR No.6758/Kitengela/Kajiado South
measuring 1.5 ha. Mr. Tumbo has offered to sell the property for Ksh. 20
million.Women of Kenya Maendeleo group is a registered organisation but not a
company. The two have walked into your firm and would like to enter into a Sale
agreement.

a. What would you advise the two parties in this regard?

(5marks)
b. Draft a sale agreement for the two.
(10marks)
QUESTION FIVE

a. An affidavit is sworn by the deponent in the presence of a commissioner for

oaths. What else must an advocate remember while drating it?
(5marks)

b.Mr. Lelayan is married under Kamba customnary law to Mrs. Nduta Lelayan.
They have been married for a period of 10 years and have three issues. Mark
Lelayan aged nine, Drogba Lelayan aged six years and Julia Lelayan aged two
years. Mr. Lelayan intends to purchase an Insurance policy with Jubilee
Insurance but does not have any certificate to prove his marriage to Nduta. Draft
an Affidavit for him. (10marks)