Paper 03: Introduction to Law and Governance

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About Course

The Professional courses are administered at Foundation, Intermediate and Advanced Levels. Each level requires an average of one year, though candidates are advised to provide for an additional one year to meet requirements for internship/ practical experience.

A student must book for a minimum of three papers in a level in any order unless is exempted or has credits.

This course is aimed at persons who wish to qualify and work or practice as corporate secretaries, policy formulators, and consultants in governance, governance and compliance auditors and administrators at county and national levels and in the private sector.

Course Content

1. Nature, Purpose and Classification of Law
1.1 Meaning of law 1.2 Nature of law 1.3 Purpose of law 1.4 Classification of law 1.5 Law and morality 1.6 The Constitution 1.7 Legislation and delegated legislation 1.8 Substance of common law and doctrines of equity 1.9 African customary law 1.10 Islamic law, Hindu law and African customary law 1.11 Judicial precedence 1.12 General rules of International law and ratified treaties

  • Draft Lesson

2. Administrative Law
2.1 Meaning of administrative law 2.2 Sources of administrative law 2.3 Functions of administrative laws 2.4 Doctrine of separation of powers 2.5 Delegated legislation 2.6 Control of delegated legislation 2.7 Discretion and Judicial count of executive 2.8 Liability of state (contractual/ tortious) 2.9 Principles of natural justice 2.10 Judicial control of the Executive 2.11 Independence of Judiciary 2.12 Remedies in administrative law (mandamus, certiorari, prohibition, habeas corpus; injunction and declaration)

3. The Court System
3.1 Establishment, structure, composition and jurisdiction of courts 3.2 Supreme Court 3.3 Court of Appeal 3.4 High Court 3.5 Employment and Labour Relations Court 3.6 Environmental and Land court 3.7 International Court of Justice 3.8 Magistrates Court 3.9 Court Martial 3.10 Kadhi’s Court 3.11 Distinction between Courts and Tribunals

4. Alternative Dispute Resolutions (ADR)
4.1 Nature of alternative dispute resolutions (ADR) 4.2 Nature and types of disputes 4.3 Legal framework governing ADR 4.4 General principles of ADR 4.5 Negation and Conciliation 4.6 Mediation 4.7 Arbitration 4.8 Dispute Review Boards 4.9 Traditional dispute resolution mechanisms

5. Law of Persons
5.1 Natural and artificial persons 5.2 Nationality, citizenship and domicile 5.3 Unincorporated and incorporated associations 5.4 Co-operative societies

6. Law of Tort
6.1 Nature of tort 6.2 General defenses under tort 6.3 Negligence 6.4 Types of liabilities in tort 6.5 Trespass 6.6 Limitation and survival of actions 6.7 Remedies in tort 6.8 Principles in awards damages 6.9 Defamation

7. Law of Contract
7.1 Definition of a contract 7.2 Classification of contracts 7.3 Essentials of a valid contract 7.4 Terms of a contract 7.5 Exemption clauses 7.6 Vitiating factors 7.7 Discharge of contract 7.8 Remedies for breach of a contract 7.9 Limitation of actions 7.10 Contract negotiation 7.11 Information technology and the law of contract

8. Sale of Goods
8.1 Nature of the contract of sale of goods 8.2 Types of goods 8.3 Formalities of the contract 8.4 Terms of the contract 8.5 Implied terms by statute, custom/usage 8.6 Rights and duties of the parties 8.7 Remedies for price and breach of contract 8.8 Auction sales 8.9 International contracts of sale: FAS, FOB, CIF, FCA, CPT, CIP, DAT, DAP, DDP, CFR, DAF, DDU, Ex-works and Ex-ship

9. Agency
9.1 Meaning and nature of the agency contract 9.2 Types of agents 9.3 Parties to the agency relationship 9.4 Creation of agency 9.5 Authority of an agent 9.6 Rights and duties of the parties 9.7 Personal liability of agents 9.8 Liability of the parties 9.9 Termination of agency

10. Partnership
10.1 Nature of partnership 10.2 Registration process and requirements of partnership business 10.3 Types of partnerships 10.4 Rights, duties and liabilities of existing, incoming and minor partners 10.5 Management of partnerships 10.6 Dissolution of partnerships and its consequences

11. Indemnity and Guarantees
11.1 Essential features of indemnity 11.2 Nature and extent of liability of indemnifier 11.3 Commencement of liability of indemnifier 11.4 Nature of the contracts; essential features of contract guarantee; distinction between contract of guarantee/ indemnity extent of nature and surety 11.5 Obligations of surety 11.6 Discharge of surety 11.7 Letters of credit 11.8 Rights and duties of the parties 11.9 Termination of the contract 11.10 Remedies for breach of contract

12. Insurance
12.1 Nature of the contract; types, parties to negotiable instrument 12.2 Formalities of the contract 12.3 Types of risks 12.4 Parties to the contract of insurance 12.5 Principles of insurance 12.6 Types of insurance 12.7 Transfers and amalgamation 12.8 Termination of the contract 12.9 ICT and insurance

13. Negotiable Instruments
13.1 Nature and characteristics 13.2 Negotiability of the instrument 13.3 Types: Cheques, promissory notes, bills of exchange 13.4 Types of crossings 13.5 Obligations of the parties 13.6 Banker- customer relationship 13.7 Presentment; purpose, time, place 13.8 Discharge from liability 13.9 Modes of discharge 13.10 Dishonour, mode of dishonour, nature of protest, penalties for dishonour 13.11 Acceptance for honour 13.12 Criminal liability

14. The Law of Property
14.1 Definition of property 14.2 Classification of property (real and personal, movable and immovable, tangible and intangible) 14.3 Property in land: Private, public and community land 14.4 Interests in land: Estates, servitudes and encumbrances 14.5 Intellectual property: Plant breeder’s patents, trademarks, copyrights and industrial designs 14.6 Administration and management of land 14.7 Sectional properties 14.8 Management company 14.9 Obligations of lessor and lessee in sessional property Act 14.10 Transfer of land rights 14.11 Role of professionals (Advocates, Certified Secretaries) in land transactions

15. Introduction to corporate governance
15.1 Corporate governance – Definition and objects 15.2 Principles of corporate governance 15.3 Best practice in corporate governance 15.4 Role of stakeholders (shareholders, Board of Directors, Government) 15.5 Conflict of interest - Investor education and protection of shareholders 15.6 Compliance obligations 15.7 Legal Audit- definition and objects

16. Professional Ethics
16.1 Introduction and overview of professional ethics 16.2 Professional misconduct 16.3 Publicity and advertisement 16.4 Morality and etiquette 16.5 Professional ethics for accountants, corporate secretaries 16.6 Ethics and practice within a firm 16.7 Enforcement of professional ethics and standards

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