Introduction to Law and Governance CPA KASNEB notes

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

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 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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