##LATEST A+ @Comprehensive Exit Exam ?20251202232826_692f761ad25c5_oral_question___answers_2018.docx
20 Different Versions ? Verified Questions and Answers ? ..Best Guide for Exam Preparation .? 100 % Satisfaction
07/01/2026 Guaranteed
Oral Question & Answers:
First Set of Questions
1. What is the difference between:
Verifying affidavit: Verifying affidavit states that the averments made are
true.
A divorce petition is also supported by a verifying affidavit.
Replying affidavit: Replying affidavits are filed in response to the facts raised
in the supporting affidavit. You file it together with a notice of motion.
Supporting affidavit: A supporting affidavit accompanies good defence to
support the grounds of opposition by the defendant. Generally speaking,
ALL applications are accompanied by a supporting affidavit. The affidavits
adduce evidence in the form of annextures.
2. What are representative suits?
Representative suits are suits filed under Order 1 Rule 8 where parties with
the same cause of action seeking the same relief/remedy from the respondent
institute a suit under one or more plaintiffs (but not all of them) are allowed
to sue and the judgement affects them all. It prevents multiple suits on the
same matter being heard individually.
3. What is the tarquand rule?
The tarquand rule states that people transacting with a company believe that
internal matters are handled properly and cannot inquire as to how the
property is run - Royal British Bank v Turquand
1
,##LATEST A+ @Comprehensive Exit Exam ?20251202232826_692f761ad25c5_oral_question___answers_2018.docx
20 Different Versions ? Verified Questions and Answers ? ..Best Guide for Exam Preparation .? 100 % Satisfaction
07/01/2026 Guaranteed
4. What are the various ways of attacking a plaint?
You can attack a plaint by:
set off
counter claim
defence
5. What is the nemo dat principle?
Nemo dat non quod habet principle is a Latin maxim which means that you
cannot give that which you do not have. In a nutshell, the principle affirms
that you cannot pass good title to a third party if you are not the owner of
the goods. The principle aims to protect the rights of the true owner of the
goods as well as bonafide purchasers.
6. How do you become a member of a company?
One can become a member when you subscribe to the memorandum of
association and secondly when your name is entered into the register of
companies.
7. Remedies in a contract include:
• Damages
• Specific Performance
• Rescission
• Repudiation
• Addition
8. How do you serve a foreigner?
Provided for under Order 5 Rule 21. You may serve a foreigner as long as
he/she is in the commonwealth. You will serve through the High Court
You will seek leave of the court first with an application made by way of
2
,##LATEST A+ @Comprehensive Exit Exam ?20251202232826_692f761ad25c5_oral_question___answers_2018.docx
20 Different Versions ? Verified Questions and Answers ? ..Best Guide for Exam Preparation .? 100 % Satisfaction
07/01/2026 Guaranteed
chamber summons supported by an affidavit. You will then tell the court the
mode of service to use.
9. Difference between special damages and general damages
General damages are those damages that can’t be easily assigned a monetary
value e.g. pain and suffering.
Special damages represent economic losses e.g loss of earnings.
Generally speaking, general damages can relatively easily be quantified
whilst general damages cannot.
Special damages must be specifically pleaded and proved to warrant any
award to that effect.
10. Difference between a set off and counter claim
Set off is used as a shield to the plaintiffs claim. For instance if you sue me
for 100 bob then I file a defence stating that you also owe me 100 bob, then
the debts would just cancel out hence setting off.
Counter claim - under Order 2 Rule 11, if you have a claim against the
plaintiff, the defendant has the option of instituting another proceeding if it
can be settled in the same suit without delay or inconvenience
11. What are garnishee proceedings?
Garnishee proceedings are those where one has a decree but property of the
judgement debtor (the person who lost the case and judgement was passed
against) is not in his hands but in the hands of a third party. The procedure
instituted by the decree holder against the third party holding the property
is referred to as garnishee proceedings
3
, ##LATEST A+ @Comprehensive Exit Exam ?20251202232826_692f761ad25c5_oral_question___answers_2018.docx
20 Different Versions ? Verified Questions and Answers ? ..Best Guide for Exam Preparation .? 100 % Satisfaction
07/01/2026 Guaranteed
Second Set of Questions:
1. Name 6 Bills that are currently before parliament?
• The County Government (Amendment) Bill (Sentate Bills No. 11 of 2017)
• The Division of Revenue Bill (National Assembly Bills No. 7 of 2018)
• The Urban Areas an Cities (Amendment) Bill (Senate Bills No. 4 of 2017)
• The Food Security Bill (Senate Bills No.12 of 2017)
• The County Boundaries Bill (‘senate Bill No. 6 of 2017))
• The Assumption of Office of the County Governor Bill (Senate Bill No. 1
of 2018)
2. Name 6 Bills that have been enacted by parliament lately?
• Health Act
• Presidents Awards Act
• Prevention of Torture Act
• Clinical’s Officers Act
• Public Service Commission Act
• Division of Revenue Act
• Appropriation Act
• The Legal Metrology Act
• Kenya Trade Remedies Act
• The Election Laws
• The Insurance Act.
• Breastfeeding Mothers Bill 2017
3. What is considered the 4th arm of the government an why?
Constitutional Commissions and Independent Offices are considered the
fourth arm of the government. They are referred to as the 4th arm of
government because they are independent and shielded by the constitution
against arbitrary abuse of power by other arms of the government. They are
only subject to the Constitution and the law with some even having quasi-
judicial authority.
4
20 Different Versions ? Verified Questions and Answers ? ..Best Guide for Exam Preparation .? 100 % Satisfaction
07/01/2026 Guaranteed
Oral Question & Answers:
First Set of Questions
1. What is the difference between:
Verifying affidavit: Verifying affidavit states that the averments made are
true.
A divorce petition is also supported by a verifying affidavit.
Replying affidavit: Replying affidavits are filed in response to the facts raised
in the supporting affidavit. You file it together with a notice of motion.
Supporting affidavit: A supporting affidavit accompanies good defence to
support the grounds of opposition by the defendant. Generally speaking,
ALL applications are accompanied by a supporting affidavit. The affidavits
adduce evidence in the form of annextures.
2. What are representative suits?
Representative suits are suits filed under Order 1 Rule 8 where parties with
the same cause of action seeking the same relief/remedy from the respondent
institute a suit under one or more plaintiffs (but not all of them) are allowed
to sue and the judgement affects them all. It prevents multiple suits on the
same matter being heard individually.
3. What is the tarquand rule?
The tarquand rule states that people transacting with a company believe that
internal matters are handled properly and cannot inquire as to how the
property is run - Royal British Bank v Turquand
1
,##LATEST A+ @Comprehensive Exit Exam ?20251202232826_692f761ad25c5_oral_question___answers_2018.docx
20 Different Versions ? Verified Questions and Answers ? ..Best Guide for Exam Preparation .? 100 % Satisfaction
07/01/2026 Guaranteed
4. What are the various ways of attacking a plaint?
You can attack a plaint by:
set off
counter claim
defence
5. What is the nemo dat principle?
Nemo dat non quod habet principle is a Latin maxim which means that you
cannot give that which you do not have. In a nutshell, the principle affirms
that you cannot pass good title to a third party if you are not the owner of
the goods. The principle aims to protect the rights of the true owner of the
goods as well as bonafide purchasers.
6. How do you become a member of a company?
One can become a member when you subscribe to the memorandum of
association and secondly when your name is entered into the register of
companies.
7. Remedies in a contract include:
• Damages
• Specific Performance
• Rescission
• Repudiation
• Addition
8. How do you serve a foreigner?
Provided for under Order 5 Rule 21. You may serve a foreigner as long as
he/she is in the commonwealth. You will serve through the High Court
You will seek leave of the court first with an application made by way of
2
,##LATEST A+ @Comprehensive Exit Exam ?20251202232826_692f761ad25c5_oral_question___answers_2018.docx
20 Different Versions ? Verified Questions and Answers ? ..Best Guide for Exam Preparation .? 100 % Satisfaction
07/01/2026 Guaranteed
chamber summons supported by an affidavit. You will then tell the court the
mode of service to use.
9. Difference between special damages and general damages
General damages are those damages that can’t be easily assigned a monetary
value e.g. pain and suffering.
Special damages represent economic losses e.g loss of earnings.
Generally speaking, general damages can relatively easily be quantified
whilst general damages cannot.
Special damages must be specifically pleaded and proved to warrant any
award to that effect.
10. Difference between a set off and counter claim
Set off is used as a shield to the plaintiffs claim. For instance if you sue me
for 100 bob then I file a defence stating that you also owe me 100 bob, then
the debts would just cancel out hence setting off.
Counter claim - under Order 2 Rule 11, if you have a claim against the
plaintiff, the defendant has the option of instituting another proceeding if it
can be settled in the same suit without delay or inconvenience
11. What are garnishee proceedings?
Garnishee proceedings are those where one has a decree but property of the
judgement debtor (the person who lost the case and judgement was passed
against) is not in his hands but in the hands of a third party. The procedure
instituted by the decree holder against the third party holding the property
is referred to as garnishee proceedings
3
, ##LATEST A+ @Comprehensive Exit Exam ?20251202232826_692f761ad25c5_oral_question___answers_2018.docx
20 Different Versions ? Verified Questions and Answers ? ..Best Guide for Exam Preparation .? 100 % Satisfaction
07/01/2026 Guaranteed
Second Set of Questions:
1. Name 6 Bills that are currently before parliament?
• The County Government (Amendment) Bill (Sentate Bills No. 11 of 2017)
• The Division of Revenue Bill (National Assembly Bills No. 7 of 2018)
• The Urban Areas an Cities (Amendment) Bill (Senate Bills No. 4 of 2017)
• The Food Security Bill (Senate Bills No.12 of 2017)
• The County Boundaries Bill (‘senate Bill No. 6 of 2017))
• The Assumption of Office of the County Governor Bill (Senate Bill No. 1
of 2018)
2. Name 6 Bills that have been enacted by parliament lately?
• Health Act
• Presidents Awards Act
• Prevention of Torture Act
• Clinical’s Officers Act
• Public Service Commission Act
• Division of Revenue Act
• Appropriation Act
• The Legal Metrology Act
• Kenya Trade Remedies Act
• The Election Laws
• The Insurance Act.
• Breastfeeding Mothers Bill 2017
3. What is considered the 4th arm of the government an why?
Constitutional Commissions and Independent Offices are considered the
fourth arm of the government. They are referred to as the 4th arm of
government because they are independent and shielded by the constitution
against arbitrary abuse of power by other arms of the government. They are
only subject to the Constitution and the law with some even having quasi-
judicial authority.
4
