INSTRUCTIONS TO CANDIDATES
- Write your name and index number in the spaces provided.
- Answer ALL the questions in this paper in the spaces provided.
- This paper consists of 8 printed pages.
FOR EXAMINER’S USE ONLY
Question |
Maximum Score |
Candidate’s Score |
1 |
20 |
|
2 |
25 |
|
3 |
20 |
|
4 |
25 |
|
Total |
80 |
|
QUESTIONS
Read the passage below and then answer the questions that follow.
When David Maraga gave his speech while retiring as Chief Justice, he lamented the ever-increasing caseload in the judiciary amid a dwindling workforce. He gave shocking statistics of the Court of Appeal, which is statutorily required to have a complement of 30 judges but has16. He reiterated that due to a shortage of human power, the case backlog at the Court of Appeal increased from 3,681 in 2019 to 4,982 in 2020 with the case clearance rate dropping from 51 percent to 41 percent, which made it increasingly difficult for the Judiciary. The situation is worse in High Court Magistrates’ Courts.
Kenya might not miraculously get the requisite numbers of judicial staff overnight. It is therefore, time we gifted Justice Maraga with what he commissioned: Court annexed mediation. Deferred hearing and determination of cases not only delays justice for aggrieved parties but also means higher legal costs.
Mediation is the facilitation of a negotiated agreement by a neutral third party who has no decision-making power. One of the quickest and most cost-effective ways of resolving disputes that are not criminal in nature, it is the most common form of alternative dispute resolution.(ADR). It is a conflict resolution process in which a neutral mediator assists the parties through constructive discussion and negotiation of their issues in order to reach a mutually acceptable resolution.
Mediation encourages open communication and problem solving. It keeps the power in the hands of the parties. The outcome of the cases ensures peaceful coexistence of neighbors and family.
Mediation keeps the focus on the common interest of the parties and their families as the only factor.This is unlike the courts, where lawyers, who get fees as per appearance, may slow down the process to earn more. Cruel lawyers would wish the case to continue till eternity. With modern technology, parties may be mediated virtually through conference calls or video-conferencing, reducing delays and costs brought about by distance.
The purpose of mediation is to avoid the time and expense of further litigation by settling a lawsuit early on in the process. Usually, some cases end up in court because of ego that denies us the humility to agree to talk to one another. There is also false perception that having or affording a family lawyer is a sign of high social status and sophistication. Nothing could be further from the truth.
The process involves planning. Before it begins, the mediator helps the parties to decide where they should meet and who should be present. After the opening remarks, there is a joint discussion in the presence of all parties and separates sessions or caucuses to help the mediator understand the pertinent issues. After consensus, a resolution is signed.
The resolution from a mediator is not contestable in any court in Kenya.
During the tenure of justice Maraga, the Judiciary implemented court-annexed mediation within High Courts countrywide after a pilot at the Family and Commercial Divisions, at the Milimani Law Courts in Nairobi. It involves resolving case with the assistance of a court-accredited trained mediator.
(Adapted from the Daily Nation; January 14 2021)
- According to the passage, what are the two major challenges facing the Judiciary? (2mks)
- Identify the solution given by Justice David Maraga as a remedy to challenges identified in (a) above? (1mk)
- What are the disadvantages of postponing hearing of cases according to the passage? (2mks)
- In not more than 60 words, trace the court annexed mediation process. (6mks)
Rough draft
Fair copy - In what way does the court annexed mediation process stand out from the normal court process (4mks)
- According to the passage, what is the main role of a neutral mediator? (2mks)
- Explain the meaning of each of the following as used in the passage.
- dwindling workforce
- reiterated
- deferred hearing
2. H.R. Kulet, Blossoms of the Savannah.
Read the excerpt below and then answer the questions that follow.
When he began to speak his voice boomed and its resonance filled the crowded room.He introduced himself as old Ole Musanka, a member of the Ilmakesen clan and Ilterito age-set. He said that Nasila was a Maa house and anybody born of Maa was entitled to its shelter. Maa culture was the blood and marrow that gave sustenance to the body. And the body was the collective masses of Maa. Ole Kaelo, he said, was a tiny strand of hair that had been blown away from its owners head by a gust of wind. The same wind that had blown it away had blown it back onto his owners head. He said the head could not refuse to receive back the returning strand. But the onus was upon the strand to attach and coil itself back onto the rest of the hair on the head and blend with it. If it did not, he warned, it would drop and get trampled upon the ground. He advised Ole Kaelo to re-assimilate himself into his people’s culture.
“Those of us who have been listening to the sound of our cattle bells”, he said quoting the children’s song, “know that the Ole Kaelo’s cattle ate home-bound. They were bound to come, for the founder said when a rat begins to smell, it returns to its mother’s home”.
“And home is never far from one who is still alive”, one of the elders interjected.
“And speaking of home”, Ole Musanka said candidly “Ole Kaelo must be told, home is not this house however magnificent it may be. Home is Maa, Home is Nasila, home is family and home is the children. Kill one of the four pillars, and there is no home to speak about. Sever yourself from the culture of your people and your effectively become Olkirikoi, a man of no fixed abode, your elegant house notwithstanding. Where are the women of Maa? Embrace the wife and children of the Ole Kaelo and bring them back into the Nasila fold. Where are the elders of Ilmolelian? There is your man. Cut him loose from the snares of alien cultures. I am through”,
QUESTIONS
- In what ways has OleKaelo been enslaved by alien cultures? (2mks)
- Discuss any three styles of language used in the excerpt and comment on their effectiveness (6mks)
- “The same wind that had blown it away had blown the strand back onto its own owner’s head”. Explain why Ole Musanka says this statement (2mks)
- With clear illustrations, identify any two themes brought out in the excerpt (4mks)
- Explain the immediate reaction of the following characters after the family; relocation to Nasila (3mks)
- Mama Milanoi
- Resian
- Taiyo
- What do we learn about Ole Musanka as brought out in the excerpt? (2mks)
- What happens immediately after the excerpt? (2mks)
- “And home is never far from one who is still alive” Add a question tag (1mk)
- Explain the meaning of each of the following expressions as used in the excerpt (3mks)
- Onus
- Sever
- Fixed abode
3. Read the poem below and then answer the questions that follow
LAMENT
For the green turtle with her pulsing burden,
in search of the breeding ground,
For her eggs laid in their nest of sickness.
For the cormorant in his funeral silk.
the veil of iridescence on the sand,
the shadow on the sea.
For the ocean’s lap with its mortal stain.
For Ahmed at the closed border.
For the soldier in his uniform of fire
For the gunsmith and the armourer,
the boy fusilier who joined for the Company,
The farmer’s sons, in it for the music,
For the hook-beaked turtles,
the dugong and the dolphin,
the whale strock dumb by the missile’s thunder.
For the tern, the gull and the restless wader,
the long migrations and the slow dying,
the veiled sun and the stink of anger.
For the burnt earth and the sun put out.
the scalded ocean and the blazing well.
For vengeance, and the ashes of language. Gillian Clarke
QUESTIONS
- Explain the relevance of the title of this poem. (3 marks)
- Explain what this poem is about. (4 marks)
- Identify and illustrate any two different figures of speech used by the poet. (4 marks)
- Giving clear illustrations, identify the tone of this poem. (3 marks)
- What is the mood of the poem? (3 marks)
- Explain the meaning of the following words in the context of the poem. (3marks)
- Pulsing
- Scalded
- Put out
4. GRAMMAR
- Rewrite the following sentences as instructed after each. Do not change the meaning (3mks)
- The country will experience instability if our leaders do not preach peace (Begin unless....................)
- It started to rain immediately I arrived home (Use hardly)
- The children do not have fever. John does not have fever. (Combine using neither)
- Rewrite the following sentence in passive voice (2mks)
- When the time is up, he will ring the bell
.......................................................................... - We think honesty is the best policy
..........................................................................
- When the time is up, he will ring the bell
- Use the correct form of the word in brackets to complete the sentences below (2 mks)
- We must avoid a.......................................of those events (recur)
- His many.....................................made the work difficult to comprehend(spelling)
- Complete the second sentence in each case using the missing part of the idiom. Do not contradict the first (3 mks)
- Do not harass the sick child. You will only add.......................................to injury
- The athlete could not complete the race. He ran out of .....................................
- The incomplete modern hall is unfit for occupation. Nevertheless, it cost us.......................................
- Use appropriate prepositions to fill in the gaps below (3mks)
- Anne agreed .....................................me that the place was dirty
- She confused the teacher..................................... the storekeeper
- Fill in blank spaces using correct phrasal verbs formed from the word given in the bracket (3mks)
- I am.....................................your visit (look)
- Mary.....................................the job offered to her at Kenya Airways(turn)
- The school does not.....................................that type of behavior (stand)
MAKING SCHEME
-
-
- Ever- increasing caseload
- Dwindling workforce
- Court annexed meditation
-
- It delays justice for aggrieved parties
- It leads to higher legal costs1 (2 x1 marks)
- First, the mediator helps the parties to decide where they should meet and who should be present Then the opening remarks are made and a joint discussion in the presence of parties follows.Separate sessions or caucuses are held to help the mediators understand the pertinent issues. Finally, a consensus is reached and a resolution is signed (6 mks)
(N/B: The order must be maintained. Stop awarding from where the order is broken.) - The court annexed mediations keeps the power in the hands of the parties while the court process keeps focus on the courts\courts system. Meditation keeps focus on the common interest of the parties and their family as they only factor whereas in the court the lawyers may slow down the process to earn more
(N/B: The contrast must be clear for the candidate to score) (2 x2 marks) - He or she assists the party through constructive discussion and negotiation of their issues in order to reach a mutually acceptable resolution1 (2 x 1Marks)
-
- Reducing/declining manpower
- Repeated / insisted/ emphasized / said repeatedly
- Postponed courts proceedings
-
- Excerpt
-
- He has remained monogamous
- He has not circumcised his two daughters (2 x 1 marks)
-
- Local dialect: Olkirikoi –It gives the text local flavor/authenticity/originality
- Dialogue: There is a dialogue between Ole Musanka and one of the elders . It kills the monotony of narration / it advance the theme of traditions/it also portrays Ole Musanka as wise, knowledgeable, eloquent and conservative.
- Rhetorical questions: Where are the women of Maa? Where are the elders of Ilmolelian?
They help to advance the theme of tradition. Women and children are embraced by other women, a man is embraced by elders of the clan - Metaphor: Ole Kaelo, he said was a tiny strand of hair. /Nasila was a Maa house/ Maa culture was the blood and marrow They help to develop and emphasize on the theme of tradition. The importance of re-assimilation is underscored.
- Wise saying: Home is never far from the one who is still alive
When a rat begins to smell, it returns to its mother’s home
It shows the significance of a home/family/
Also potrays Ole Musanka/elders as wise1
(N/B: Identification and illustration 1mk, effectiveness 1mk)
- Ole Kaelo had gone to Nakuru to work at Agribix limited away from home (Nasila) . After retrenchment, he has to relocate to Nasila (to settle his family there and open an agricultural shop there) (2mks)
- Culture and traditions: Maa culture was the blood and marrow that gave sustenance to the body…/cut him loose from the snares of an alien culture
Alienation: Ole Kaelo, he said was a tiny strand of hair and had been blown away by a gust of wind
(Any 1x2Marks)
(N/B: No mark for identification without illustration) -
- MamaMilanoi – She was worried about the fate of her uncircumcised daughters (whom she admits have been plunged into an intolerant Nasila culture)
- Resian – She prefers the bustle of Nakuru town since it is safer than Nasila where they are accosted by a Vagabond
- Taiyo : She appreciates the serenity that village life brings
(3 x1 marks)
- Wise/ Knowledgeable: He deeply understands the culture of Nasila. He says Nasila was a Maa house, Maa culture was the blood and marrow
Authoritative: Ole Kaelo must be told that home is not his house however magnificent it may be
Conservative: He fights for the preservation of the culture and advices Ole Kaelo to re-assimilate himself
Eloquent: He clearly explains without hesitation the importance of culture
Persuasive: He urges the people to embrace OleKaelo and his family
(Any 1 x 2 marks)
(N/B: No mark for identification without illustrations) -
- Ole Musanka warns Taiyo and Resian against listening to crusaders of an alien culture that was the being perpetrated by Emakererei
- He curses Emakererei for advocating that they maintain intoiye Nemengalana
- He blesses the Ole Kaelos1(and gives a special blessing for Taiyo)
-
- is it? 1(must rewrite. The comma and the question mark must be there)
- Obligation / responsibilty
Detach / Separate
Permanent home (3 x 1 marks)
-
- Poetry
- The title is relevant since the persona is complaining the ocean has been covered with the blood of the dead the aquatic animals are negatively affected refugees are suffering
Identification of complaint
Any 2 proofs of lamentation (2 x1 marks) - It’s about destruction of the environment by pollution on water masses which makes aquatic animals live miserably It’s also about war which has led to a lot of destruction, sadness and death
- Metaphor: Uniform of fire
Nest of sickness
Mortal stain
Personification: Green turtle with her pulsing burden
Hyperbole: Blazing well
The burnt earth
The scalded Ocean
(N/B: No mark for identification without illustration) - Desperate tone; The turtle is searching for a breeding ground, eggs are laid to their nest of sickness
(Identification 2 illustration 1) - Mood of sadness/ sorrow/ melancholy or sad/ sorrowful/melancholic mood Birds are dying, the ocean is covered with blood of the dead
(Identification 2 illustration 1) - Pulsing: Strong regular movements/ throbbing/vibrating
Scalded: burnt /scorched
Put out: Extinguished/Quench
- The title is relevant since the persona is complaining the ocean has been covered with the blood of the dead the aquatic animals are negatively affected refugees are suffering
4. GRAMMAR
-
- Unless our leaders preach peace, the country will experience instability
OR
Unless our leaders preach peace, the country will not experience stability
(Deny if comma is missing) - Hardly had I arrived home when it started to rain
- Unless our leaders preach peace, the country will experience instability
-
- The bell will be rung when the time is up(by them)
OR
When the time is up, the bell will be rung (by them) - Honesty is thought to be the best policy
- The bell will be rung when the time is up(by them)
-
- recurrence
- misspellings
-
- insult
- steam
- an arm and a leg
-
- with
- with
-
- looking forward to
- turned down
- stand for
Download English Paper 2 Questions and Answers - Cekena Pre Mocks 2022.
Tap Here to Download for 50/-
Get on WhatsApp for 50/-
Why download?
- ✔ To read offline at any time.
- ✔ To Print at your convenience
- ✔ Share Easily with Friends / Students