KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2008/2009
SECOND SEMESTER EXAMINATION FOR THE DEGREE OF
LAW
LPL 202: FAMILY LAW
DATE: Thursday 9th April, 2009 TIME: 2.00-4.00pm
INSTRUCTIONS:
ANSWER THREE OF THE FOLLOWING QUESTIONS. Question one is compulsory.
Q1.
“I conceive that marriage, as understood in Christendom, may…be defined
as the voluntary union for life of one man and one woman to the
exclusion of all others”. Lord Penzance in Hyde vs. Hyde.
(a). Quoting relevant case law, discuss the essentials of marriage as envisaged in the above definition.
(b). Some have argued that Hyde vs. Hyde is not good law. Do you agree?
(c). To what extent does this concept of marriage reflect reality in Kenya?
(Compulsory: 40 Marks)
Q2. What is family law? Discuss the modern trends in family law. ( 15 Marks)
Q3. Discuss the current divorce law in Kenya. (15 Marks)
Q4.
Section 17 of the Married Women’s Property Act on England of 1882 has
been the basis upon which women have been able to lay claim on
matrimonial property. Discuss the development of jurisprudence in the
area of matrimonial property in Kenya. (15 Marks)
Q5.
Frederick and Catherine Smith, married nationals of England, wish to
adopt baby Rose Wanjiku, a three year old daughter of Karanja and
wambui. They have approached you to act for them as their advocate for
purposes of the adoption. Advise them on the procedure that needs to be
followed. (15 Marks)
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