01. 1. Mr. Mkubwa is the Minister for Internal Security in Vuzi Republic. At the height of the border tension between Vuzi Republic and its neighbor Zima Republic, Mr. Mkubwa authored a letter directing police officers to arbitrarily arrest and detain persons originating from Zima Republic but living in Vuzi Republic for various reasons to "contribute towards protecting the territorial integrity of Vuzi Republic at all cost." After many months of implementing this directive, the matter was resolved by the International Court of Justice (ICJ). At the local level, the victims of the directive approached local civil society organizations (CSOs) involved in the protection of human rights using litigation as a strategy. The matter has been hyped and is very contentious with one side arguing that Mr. Mkubwa is a national hero and did all within his power to protect the territorial integrity of the Vuzi Republic. Social media however is awash with speculations that the Minister may be held personally responsible for his actions and that his letter to the police will be the key evidence needed to convict him.

The government has approached you as the leading evidence law advocate in your country to explore the evidentiary issues arising out of this case suppose Mr. Mkubwa is sued by the local human rights CSOs. (20 marks)

02. The rule in Hollington v Hewthorn &; Co. Ltd 2 1943 All ER 35 despite its merits has not been widely accepted in many jurisdictions including in Kenya.

Critically evaluate the veracity of this statement considering the relevant provisions of the Evidence Act (Cap 80) and decided cases