PAPER NO.2: INTRODUCTION TO LAW AND ETHICS
GENERAL OBJECTIVE
This paper is intended to equip the candidate with the requisite knowledge, skills and attitudes to apply general principles of law and uphold ethics in various operating environments.
LEARNING OUTCOMES
A candidate who passes this paper should be able to:
- Demonstrate knowledge of essential elements of the legal system
- Demonstrate knowledge of legal personality
- Apply general principles of law in practice
- Uphold ethical and moral principles in various
CONTENT
Nature, purpose and classification of law
- Meaning of law
- Nature of law
- Purpose of law
- Classification of law
- Law and morality
Sources of law
- Constitution
- Legislation
- Common law and equity
- African customary law
- Islamic law
- Judicial precedent
The court system
- Establishment, structure, composition and jurisdiction of the courts
- Supreme Court
- Court of Appeal
- High Court
- Employment and Labour Relations Court
- Magistrates Court
- Court Martial
- Kadhi’s Court
The law of persons
- Natural persons
- Nationality, citizenship and domicile
- Artificial persons
- Unincorporated associations
- Incorporated association
The law of torts
- Nature of tort
- General defenses in the law of tort
- Negligence
- Defamation
- Limitation of actions
The law of contract
- Definition of contract
- Classification of contracts
- Formation of a contract
- Discharge of contract
- Remedies for breach of contract
- Limitation of actions
Sale of goods
- Nature of the contract
- Formation of a contract
- Terms of a contract
- Rights and duties of the parties
Legal requirements for starting a business
- Pre-registration procedures
- Registration requirements
- Licensing
- Other requirements; County Government requirements
Foundations of Ethics
- Ethical norms, morality, values and ethical culture
- Code of ethics; integrity, confidentiality, independence, others
- Standards of conduct and personal integrity
- Conflict of Interest and Related Party Transactions
- Whistle blowing
Linking ethics, laws and regulations
- Legislative provisions on ethical conduct; The Constitution, Public Officers Ethics Act, other legislative and regulatory requirements
- Role of kasneb, professional bodies and other regulatory bodies in enforcing ethical conduct
- Penalties and sanctions for unethical conduct
Emerging issues and trends