Notesale: Turn your study into money

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THE ESSENTIAL CHARACTERISTICS OF A CONTRACT OF SALE OF GOODS ARE AS FOLLOWS:

1
...
e
...
There must be a transfer of property
...

3
...
‘tangible goods’

4
...

In the sale, property in the goods passes to the buyer when the contract of sale is made
...

WARRANTIES – are minor terms which are not so vital that their breach may not lead to cancellation of
the contract
...
According to the doctrine of caveat
emptor it is the duty of the buyer to be careful while purchasing goods of his requirements and, in the
absence of any enquiry from the buyer, the seller is not bound to disclose every defect in goods of which
he may be aware
...
It converts an order bill to a bearer bill
...

Conditional: This is an endorsement which either exempts the endorser from liability if the bill is
dishonored or makes payment of the bill subject to a specified condition
...
It constitutes the
endorsee as the payee who cannot negotiate the bill any further
...

(2) They are freely transferable
...

(4) The holder in due course is entitled to sue on the instrument in his own name
...

(6) Certain equal presumptions are applicable to all negotiable instruments unless the contrary is proved

Explain five rules relative to the passing of property in the sale of goods law(10 mks)
1
...
Sale by auction-property passes when the auctioneer announces its completion by the fall of the
hammer or in any other customary manner
...
Unconditional sale of specific goods in a deliverable state- property passes when the contract
concludes
...
Sale of specific goods not in a deliverable state-property passes when the things like tasting,
weighing is done
5
...

Question Two
Discuss five features of corporation in Kenya(10 mks)
Corporation Has Limited Liability
A corporation grants the owners limited liability against debts and lawsuits filed against the company
...
The same is true for any lawsuits or insurance claims against the
company
...
When the corporation is formed, a fixed number of company
stock shares are issued
...
When you
think of the public corporations that sell stock on the stock exchanges, there are potentially millions of
owners to any given company
...

Consider Double Taxation
For a smaller corporation, double taxation is a significant consideration
...
When profits are distributed to shareholders, those are also taxed as
dividends
...
Keep in mind that there are two types of
corporate structures, the C corporation and the S- corp
...

Corporations Have Their Own Lifespan
A corporation is its own entity, meaning it has a lifespan that only ends when the board of directors and
owners vote to dissolve the business
...
Stock shares are transferable upon death or have the ability to be sold and transferred

from person to person
...

Corporations Have Professional Management
The owners of a corporation may be able to vote on decisions for the board of directors to make final
directives on, but the shareholders are not necessarily the managers of the company
...
However, it is
possible for any corporation to hire a company leadership, while also reaping the benefits of the profits
...

Explain five essential elements of a valid contract(10 mks)
The Offer
An offer is a verbal or written promise to take some action or to refrain from acting in exchange for a set
of agreed upon terms
...

This method of contracting should be avoided when possible
...
In
business contracts, the terms are almost always handled in writing so that they are clear
...

Consideration
Consideration is the value that each party brings to a contract
...
Performing an act can be defined as something a
party is expected to do or something the party is expected to refrain from doing
...

Mutuality of Obligation
The mutuality of obligation is the binding agreement between the parties to the terms of consideration
...
If it is not met, the court can invalidate the contract
...

Minors and people with limited mental capacity are not considered competent
...


Discuss five remedies available for the breach of contract(10 mks)
Damage – Damage are monetary compensation allowed to the injured party of loss or injury suffered by
him as result of the breach of contract
Quantum meruit – to claim as much as is earned or in portion to the work done
...
e
...

Specific performance – This is an equitable remedy
...

Injunction – is an order of a court restraining a person from doing a particular act
...


Question Three
Discuss the purpose of law in the society (10 mks)
Establishing Standards
The law is a guidepost for minimally acceptable behavior in society
...
For example, under a typical state law, it is a
crime to cause physical injury to another person without justification—doing so generally constitutes
the crime of assault
...
Some semblance of order is necessary in a civil society and
is therefore reflected in law
...
Wildlife management laws, for example, (such as West Virginia’s prohibition against using
ferrets for hunting,) were first passed in an effort to conserve game that had nearly been hunted into
extinction during the nineteenth century
...

Resolving Disputes
Disputes are unavoidable in a society comprised of persons with different needs, wants, values, and
views
...

Protecting Liberties and Rights
The constitutions and statutes of the United States and its states provide for various liberties and rights
...
For example, subject to certain exceptions, the
First Amendment to the Constitution prohibits the government from making a law that prohibits the

freedom of speech
...


Explain the jurisdiction of the High Court of Kenya(10 mks)
The Court is clothed with inherent jurisdiction to:
•
•
•
•
•
•

Determine all Criminal and Civil Matters;
Determine cases concerning the violation and or infringement of the bill of rights;
Hear appeals from subordinate courts and tribunals;
Interpret the constitution;
Exercise supervisory jurisdiction over the subordinate courts and over any person, body or
authority exercising a judicial or quasi-judicial function
...


Question Four
Discuss five sources of law in our country(10 mks)
In Kenya, the laws have been derived from the Kenya National Constitution, the legislation i
...

parliamentary acts, subsidiary legislation, the substance of common law and the African customary law
...
It elucidates the national values and principles
...
Direct is by the parliament whereas indirect is by
other bodies into which law making process is delegated
...
Refers to decisions made by superior courts
...

The Substance of Common Law
Common law is a body of unwritten laws based on legal precedents established by the court in england
...

Customs and the African Customary Law
This is applicable in civil cases in which one or more of the parties is subjected to it or affected by it
...


Question Five
Discuss five contents of the Hire purchase agreement (10 mks)
1
...

3
...


The hire-purchase price of goods to which this agreement relates
...

The commencement date of the contract
...

5
...

6
...
In case
the part payment has to be paid in cash or by cheque, the hire-purchase agreement must
mention it
...
Discuss five ways an agency
Relationship may come into existence
...
For example, a
salesperson shows a property without authority
...
The seller, who had no intention of selling the property,
signs the Agreement of Purchase and Sale, thereby ratifying the agency relationship
Estoppel conduct
This relationship arises if the principal acts in a manner such that the third party is led to believe that the
agent has authority to act on behalf of the principal
...
In actuality, the broker and seller
have no agency agreement
...
Agencies by operation of law are created when an
emergency occurs Unlikely in real estate situations
...
They may become an agent by operation of law and take
immediate action necessary to save the property
...
(10 marks)
1
...

2
...

3
...

4
...

5
...

6
...


Discuss the following concepts
...
(4 marks)
Contractual obligations is to say that they are the legal responsibilities of each party involved in a
contractual agreement
...
One party is obligated to transfer ownership of the automobile, while the other is obligated to pay
for it
...
It is important that both parties follow their sides of the contract
...

Caveat emptor (4 Marks)
Latin term that means "let the buyer beware
...

Agency by ratification (4 marks)
Agency by ratification
...
Equitable remedies are typically granted when legal remedies or monetary compensation
cannot adequately resolve the wrongdoing
...


Question Two
Define "goods" and discuss the nature of the various categories of goods in a contract for sale of
goods noting to use appropriate illustrations in your answer
...
They are further divided into three types:

Specific Goods – They are defined under section 2(14) and refer to goods that are identified and agreed
to be transferred, at the time of making the contract
...
Here the bike is a specific good
...
Any
good where the whole or part of the good is identified and marked for sale at the time of the contract
comes under ascertained goods
...

Unsanctioned or Unascertained Goods – Those goods that are not specifically identified for sale, at the
time of the contract, fall under the category of unsanctioned goods
...
Here the seller can choose the good
from the bulk and is not specified
...
For example, A sells chairs and B wants
300 chairs of a specific design which A agrees to manufacture them at a future date
...

Contingent Goods –
...
A contingent good is a kind of future good, but it is dependent on the happening (or the absence of)
certain conditions

Discuss the various factors that may vitiate a contract
...
(10 marks)
Duress:
The parties must enter into a contract-free from any coercion or threat if such a contract is to be an
unenforceable by the court
...

Undue Influence:
This may occur due to the relationship with someone that gives rise to enter into a contract with
another party
...

Misinterpretation:
It is a false statement that induces the other party to enter into the contracts or an agreement either by
FRAUDULENT MISREPRESENTATION, NEGLIGENT MISREPRESENTATION, AND INNOCENT
MISREPRESENTATION
...
PEEK 1889 is a false statement
made knowingly, or without belief in its truth, or recklessly, or carelessly whether it is true or false
...
Misrepresentation cannot be regarded as negligent and, therefore, giving rise to liability on the
part of the representator unless he owes a duty of care to the representee
...
It is made without any belief in its truth
...
Read more on Breach of Contract
Mistakes:
They are categorized into 4 types namely; common mistakes, unilateral mistakes, mutual mistakes, and
mistakes relating to identity
...

Unilateral mistakes: A mistake where one party is mistaken, while the other party knowing fully of his
partner’s mistake, still takes advantage
...

Mistake relating to identity: If one party uses the identity of someone in forming the contract
...
(10 marks)
ESSENTIAL ELEMENTS OF A HIRE PURCHASE AGREEMENT
•
•
•
•
•
•

The contractual document on hire-purchase must outline the following;
Full particulars of the parties must be provided
Hire purchase price and the cash price of the goods in question so as to give the hirer an option
to make cash purchase
...

Description of the goods, sufficient to identify them…
The agreement must be in writing, signed, and registered with the Registrar of Hire Purchase
Agreements
...


Consequences of noncompliance to hire purchase essentials
1
...

3
...


No person can enforce it against the hirer
...

Any contract of guarantee relating to the hire purchase agreement is also unenforceable
...

b) It must be delivered for registration within 30 days of its execution
c) Payment of a prescribed fee before registration
...
e
...
Upon registration, he issues a certificate which is Prima facie evidence of its contents
...

(b)Any contract of guarantee made in relation to the agreements unenforceable
...

(d)Any person holding security given by the hirer or any guarantor in respect of any payment under the
agreement shall not be entitled to enforce it
...
(10 marks)
Insurance is a means of protection from financial loss
...

Insurable interest is a type of investment that protects anything subject to a financial loss
...


Indemnity means security or compensation against loss or damage
...

In type of insurance the insured would be compensation with the amount equivalent to the actual loss
and not the amount exceeding the loss
...

The concept of subrogation enables the insured to claim the amount from the third party responsible
for the loss
...


Question Four
Using appropriate examples explain the key differences between the various types of partnerships
you have studied
...
Unless otherwise agreed, each partner has an equal share of profits and losses
...
In general partnerships, partners manage the business and assume responsibility for the
partnership’s debts
...
Be sure to also specify how you plan on selling or closing the business if the partnership
dissolves
...
On the downside, your
personal assets are at risk in a general partnership
...

Limited partnership
Limited partnerships are more structured than general partnerships and have both general and limited
partners
...
So,
what’s the difference between a general partner and a limited partner?
A limited partner is well … limited
...

Typically, a limited partner does not have decision-making rights
...

Limited partners can lose their status if they become too involved in managing the company (e
...
,
signing legal documents or contracts)
...

Limited liability partnership(LLP)

A limited liability partnership, or LLP, is a type of partnership where owners aren’t held personally
responsible for the business’s debts or other partners’ actions
...
But, partners can be held liable if
they personally do something wrong
...

LLC partnership
An LLC partnership can have two or more owners, called members
...

Under an LLC partnership, members’ personal assets are protected
...
Members can be held liable for other members’ actions,
though
...
LLC partnerships offer personal liability protection and tax
flexibility for members
...
(6 marks)
Agency by necessity is a term used to describe a relationship in which one party makes essential
decisions for the other party in the event of an emergency
Agency by necessity enables the agent to act on behalf of the principal without receiving authorization
of the principal in order to prevent harm to the principal
...
In finance, the decisions often relate to
critical investment and retirement decisions
...
For example, if an individual becomes suddenly ill and
is incapacitated to the extent of being unable to make decisions, then a family member or lawyer can be
appointed to make decisions on behalf of the individual through agency by necessity
...

What are negotiable instruments and how do they facilitate business transactions? (5 Marks)
A negotiable instrument is a signed document that promises a sum of payment to a specified person or
the assignee
...

Question five
With the help of relevant examples explain the following terms;
Alternative dispute resolution (4 marks)
Alternative dispute resolution, or external dispute resolution, typically denotes a wide range of dispute
resolution processes and techniques that parties can use to settle disputes

The most common examples of ADR include settlement following direct negotiation between opposing
parties, mediation (negotiation mediated by a neutral third party), arbitration (where a neutral third
party acts as an arbiter to issue a final decision regarding a dispute), conciliation, and facilitation
...

Constitution (4 Marks)
The system of beliefs and laws by which a country, state, or organization is governed
...
It's what
societies determine to be “right” and “acceptable
...

Question One
The law of contract is always considered the law of duties (obligations)
...
Support your answer with case law
...
Ratego has first received a bill of exchange endorsed to him by one Patel for delivering goods worth
400,000/=
...
Ratego overheard someone saying that this action made him (Ratego) a holder in due
course
...
Advise him accordingly
...

(15mks)
In commercial law, a holder in due course is someone who takes a negotiable instrument in a value-forvalue exchange without reason to doubt its legitimacy
...
Even if one of these
parties passed the instrument in bad faith or in a fraudulent transaction, a holder in due course may
retain the right to enforce it
...
Even if one of these parties passed the instrument in bad faith or in a
fraudulent transaction, a holder in due course may retain the right to enforce it
...
(5mks)
Agency by estoppel arises when A makes a representation to a third party, whether by words or
conduct, that B is his agent, and subsequently that third party deals with B as A's agent in reliance on
such representation
...


Question Two
With the help of a well labeled diagram outline the structure of the judicial system of Kenya
...
The word of the Supreme Court is final and cannot be negated by
any other court
...

The Court of Appeal
This is the court which handles the appeal cases from the High court as well as those as prescribed by
the President
...

The High Court
This court has the supervisory jurisdiction over all the lower or subordinate courts and other persons
...

Environment and Land Court
This court is responsible for hearing and settling disputes which are related to the environment
...
A chief magistrate heads each of the courts and some others who are part of this
court are the Senior Principal Magistrate, Senior Resident Magistrate, Resident Magistrate and others
...
This court is headed by a chief Kadhi
Courts Martial
This is the military court of Kenya which mostly hears or settles those cases which are related to the
Kenya Defense Forces
...


Mr
...
V
...

Required
Discuss the legal liabilities of Mr
...

James
...
Negligence is based on a person’s failure to take reasonable
precautions, as opposed to a person’s direct actions
...
In such a case, the driver would likely be found negligent because they failed to
exercise the same care as that of a driver obeying the speed limit
...
In fact, most car accident lawsuits are based on negligence
...
This could include any resulting economic losses
...
Atenyi (seller) and Mr
...
They have approached you to resolve this
dispute
...
(20mks)

Credit sales refer to a sale in which the amount owed will be paid at a later date
...


Hire purchase is a method of paying for something in which the buyer pays part of the cost immediately
and then makes small regular payments until the debt is completely paid
...
In a Credit sale, the purchaser has no option of terminating the contract and returning the
goods
...

2
...

3
...
Whereas in a Credit sale, where there is default by the buyer to
meet up with his or her financial obligation, the only option open to the seller is to institute an
action to recover the balance of the payment owed by the buyer/ purchaser
...
A Hire Purchase agreement is an agreement of bailment whereas a Credit sale is merely an
agreement to sell
...
The parties in a Hire purchase and Credit sale differ
...
While in a Credit
sale, there is a Seller, buyer, and Credit facility
...
A Hire purchase agreement only involves specific transactions and goods such as Consumer
goods and Motor Vehicle agreements
...

7
...

8
...
However, in a Hire Purchase, the Finance
Company usually require a hirer to provide a guarantor who will guarantee the performance of
the Hirer’s obligations under the Hire Purchase agreement
...
600, 000 gives Ali a note clearly marked " I acknowledge owing
you Ksh
...
" On the basis of this note Ali transfers the car to Brain unfortunately Brian has now
taken more than one year without paying a single cent to Ali
...

Give your opinion noting to explain at least four distinct features of a negotiable instrument
...


Features of Negotiable Instruments
Easily Transferable: A negotiable instrument is easily and freely transferable
...
The ownership of an instrument can transfer simply by
delivery or by a valid endorsement
...
This includes handwritten notes,
printed, engraved, typed, etc
...
Here the time period has to be certain even if it is not a specific date
...
As death
is a certain event
...
Also, there can be more than one payee for a negotiable instrument
...

"Without the law of contract there is no business law
...
(10 Marks)
1
...

2
...

3
...

4
...

5
...

6
...

"The constitution of Kenya 2010 is not only the supreme law of the land but also the supreme source
of the Kenya law
...
(10 Marks)
(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at
both levels of government
...

(3) The validity or legality of this Constitution is not subject to challenge by or before any court or other
State organ
...

(5) The general rules of international law shall form part of the law of Kenya
...

(7)This Constitution is the supreme law of the Republic and binds all persons and all State organs at both
levels of government
...
(10 Marks)
1
...

2
...
Human beings follow these rules for their own safeguard and betterment
...
Applicable to a Community: These rules apply to a specific community (a sovereign state or a
business community)…
4
...
It means law is not a static, but it
keeps changing with time
5
...

The law enforcing agencies include police and courts of law
...

7
...
For example, the
constitution is the supreme law and all other laws are subordinate to it
...

8
...
None of them is above the law
...
(10 Marks)

Generally, the doctrine of privity of contract stipulates that it is only parties to a contract that have right
to sue and be sued to enforce the rights and obligations arising from the contract
...

However, where there is a collateral contract between one of the parties to a main contract and a third
party arising from the terms of the main contract, any of the parties to the main contract has the right to
sue the third party to enforce terms of the collateral contract and vice versa
...


Question Three
Compare and contrast a general partnership and a limited liability partnership
...
(10 Marks)
The main points of distinction between the ‘sale’ and ‘hire-purchase’ are as follows:
1
...

2
...

3
...
On the other hand, in the case of hire-purchase, the hirer may, if he so likes, terminate the
contract by returning the goods to its owner without any liability to pay the remaining installments
...
In the case of a sale, the seller takes the risk of any loss resulting from the insolvency of the buyer
...

5
...

6
...
L
...
vs
...
Commercial Tax Officer)
...
(10 Marks)
Factors: a factor is an agent who sells goods in his possession and under his control on behalf of his
principal
...

Forwarding Agents: this are agents who act either on behalf of exporters or importers
...

Auctioneers: is an agent employed usually to sell goods at a public auction
...

General Agent: He is an agent employed to do all acts connected with a particular business or
employment, e
...
, a manager of a firm
...
Selling a motor vehicle
Universal agent: a universal agent is said to be one whose authority is unlimited i
...
, who is authorized
to do all the acts which the principal can lawfully do and can delegate
...
(10 Marks)
1
...
In sec 6 of the Act, the existing goods are those goods which are
in the legal possession or are owned by the seller at the time of the formulation of the contract of sale
...
For example, you want to sell your mobile phone online
...
A buyer agrees to the sale and a contract is formed
...

B) Ascertained Goods:
This is a type not defined by the law but by the judicial interpretation
...
For example, you have 500 apples
...
To sell these 200 apples, you will need to separate them
from the 500 (larger set)
...
These
200 apples are now the ascertained goods
...
For example, from your 500 apples, you decide to sell 200 apples but you don’t
specify which ones you want to sell
...

These are thus the unascertained goods
...
Future Goods
In sec 2(6) of the Act, future goods have been defined as the goods that will either be manufactured or
produced or acquired by the seller at the time the contract of sale is made
...

For example, you have an apple orchard with apples in it
...
This is a sale that has to occur in the future but the goods have been identified already
and the agreement made
...

3
...
These goods are part of a sale contract that has some contingency clause
in it
...
This sale is dependent on the condition that the trees are able to
produce apples, which may not happen
...
" Do you agree? Give your reasons
...

The dispute will normally be resolved much sooner
...
Also, trials must be
scheduled into court calendars, which are usually backlogged without hundreds, if not thousands of
cases in front of you
...

Less Complicated: Simplified rules of evidence and procedure
Litigation inevitably leads down a long path of filing papers and motions, and attending court processes
such as motion hearings
...
Discovery, the time-consuming and
expensive procedure that involves taking and answering interrogatories, depositions, and requests to
produce documents, maybe largely reduced in arbitration
...

Privacy: Keep it out of the public eye
Unlike a trial, arbitration leads to a private resolution, so the information brought up in the dispute and
resolution can be kept confidential
...
On
the other hand, in court, even if certain records will not be released, there is still a risk of some public
access to potentially sensitive business information
...


Usually less expensive
Most of the time, but not always the case, arbitration is a lot less expensive than litigation
...
Also, there are
lower costs in preparing for the arbitration than there are in preparing for a jury trial
...
That gives finality to the arbitration
that is not often available with a trial decision, which may be subject to appeals, new trials and further
appeals
...
Therefore, many employers became more interested in including a
class action waiver in the employment agreement in order to limit risk exposure
...
(10 Marks)
1
...
If the principal hires the agency to complete a specific objective, the
relationship could end when the objective has been achieved
...

2
...
A real estate agent and her client work together to sell a
home
...
In many states, this
decision must be accompanied by an accounting for any money or property that changed hands during
the relationship
...

3
...
Such a letter of termination can be
submitted through an attorney or via registered mail to provide the client with proof that she removed
her authorization for the agency to act on her behalf
...
Prearranged Duration
Depending on the agency in question and your agreement, both parties may sign an agreement that
includes an expiration date
...
By prearranged mutual agreement, the relationship between the companies can
end when the marketing campaign does
...
Death of Principal or Agent
If a principal dies or the agent goes out of business, the relationship may automatically end
...
Conversely, if a client
dies and all provisions of the representation contract are settled, the attorney is no longer bound to the
client
...
(10mks)
1
...

3
...


Pay remuneration to agent as agreed
Indemnify agent for lawful acts done by him by as agent
...

Indemnify agent suffers loss in the cause of work on behalf of the principle

Law is the source of all chaos in the world" do you agree? Give at least five advantages or
disadvantages of law in support of your chosen stand
...
But because of
the rigidity of law, it is unable to keep pace with the fast-changing society
...
The lack of flexibility in law
results in hardship and injustice to the people
...
Law is conservative in its approach
...
The result is is
that very often the law is static
...

3) Formalism:
The Law suffers from excessive formalism greater emphasis laid on the form of law rather than its
substance
...

4) Complexity:
Another disadvantage of law is its Complexity
...
That is due to the Complex nature of
modern society
...
Be that it may, it cannot be denied law serves as an effective
instrument of social change
...


Question One
Explain five basic features of law
...

Act as guidance/regulator of human behaviour:
These rules are enforced for the guidance of human conduct
...

Applicable to a Community:
These rules apply to a specific community (a sovereign state or a business community)…
Law must change:
The law changes over a period of time
...

The law enforcing agencies include police and courts of law
...

None of them is above the law
...
(5 Marks)
Explain the meaning of the following terms:(5 Marks)
A valid contract
...

A voidable contract
...
The legal cancellation of a contract because an event occurs that makes performance of
the contract terms impossible or inequitable and that releases the parties from their obligations
...
An illegal agreement under the common law of contract, is one that the court will
not enforce because the purpose of the agreement is to achieve an illegal end
Unenforceable contract
...


Explain five exceptions to the rule of caveat emptor in the sale of goods law
...
Where the seller makes a misrepresentation and the buyer relies on it
...
Where the seller makes a false representation amounting to fraud or where he conceals a defect
of the goods
...
Where the buyer makes it known to the seller the purpose of which he require the goods then
the seller should ensure that the goods serve that purpose
4
...
The doctrine doesn’t apply where the goods does not correspond with the sample earlier given
...
Where the seller deviates from any of the implied conditions and warranties
Explain five key essential elements in a partnership relationship
...


What are the duties of the hirer in a hire purchase transaction?(5 Marks)
Acceptance of Delivery: It is an obligation on the hirer to accept the goods when they are delivered by
the owner
...

Duty of care: The hirer has a duty to use the goods in ways that would not occasion damage to the
goods
...
He has to pay instalments for the
hirer purchase as and when due
...

Duty not to sell the Goods: The hirer has a duty not to sell the goods until the last instalment has been
paid
...
He can only do this when the goods
have been completely purchased
...
(10 Marks)

What is ownership and how is it acquired in the law of property? (10 Marks)
Ownership is the legal right to possess something
...
(10 Marks)
1
...
Hire purchase price and the cash price of the goods in question so as to give the hirer an option
to make cash purchase
...
Amount, number of instalments and the dates of payment
...
Description of the goods, sufficient to identify them
5
...
Hire purchase price and the cash price of the goods in question so as to give the hirer an option
to make cash purchase
...
Amount, number of instalments and the dates of payment
...
Description of the goods, sufficient to identify them

Publication of Bill in the Kenya Gazette
...
P’s of the intended
law
...

First Reading
A first reading is when a bill is introduced to a legislature
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In most British influenced legislatures
(Westminster systems) such as Kenya’s, the committee consideration occurs between second
and third readings
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In most Westminster systems, a vote is taken in the general outlines of the bill before it is
sent to the designated committee
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In legislatures whose procedures are based on
those of the Westminster system, the third reading occurs after the bill has been amended by
the designated committee
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Commencement

Quite often, an Act of Parliament may provide that it will come into effect on a date to be
notified
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