QUESTION 1

Anita and Moke met during first year orientation at the University of Nairobi, as they both arrived to commence their Bachelor of Laws studies at the Faculty of Law. Both had qualified for the law programme with the highest marks and were, by all means, the pride of the families and villages. They enjoyed each other's company and as time went by, Anita accepted to date Moke who happily introduced her as his girlfriend. As time went by, Anita noted that Moke was rather obsessive and controlling - and would frown with disapproval whenever she was chatting with other classmates, particularly men. One occurrence was rather concerning. Moke had invited Anita to join him for a meal he had prepared in his hostel room - where he had prepared up a rather romantic setting. Moke waited for a couple of hours, and Anita did not show up. It turns out that she missed his many text messages and was actually having an animated debate on intentional torts against the person with Mutuku, in preparation for a class discussion they were meant to lead the following morning.

After this was over, she joined Mutuku for tea and dawa at Java Engen across the road from Parklands Campus. For unknown reasons, Anita did not see or hear any of Moke's phone calls checking on her whereabouts. At around Midnight, Anita and Mutuku made their way back to campus and met Obiero, a classmate, at the hostel entrance. Anita went straight to bed, while Obiero, a known glass gossip, went straight to Moke's room to report that he had just seen Anita and Mutuku being very cozy with each other, returning from a date at Engen. Upon hearing the story told be Obiero, who also added some embellishment, Moke was distressed and angry. You see, Obiero had told Moke that he had actually seen Anita and Mutuku while they were Java and the two looked like romantic partners. Moke, who has a baritone voice and signs on the Faculty choir, was heard roaring that no one will make a full of him and that he came from a long line of stallions that cannot be made a fool of. Anyway, by this time both Anita and Mutuku were deeply asleep in their respective rooms. What transpired next remains difficult to decipher, depending on who tells the story.

Mutuku recalls being woken up by a loud bang on his door, and then seeing the door broken down by a livid Moke who then pulled Mutuku out of bed by his feet and started dragging him down the corridor and up the stairs to the door to Anita's door. During all this, Moke would stop and kick him in the ribs, and repeatedly tell him he will pay for making a fool of him. When they got to Anita's door, Moke also broke down the door, but Anita was not there. It seems having heard the chaos, Anita had quickly escaped to hide in Martha's room, a few doors down the corridor. Moke seems to have figured this out and swiftly went there. A terrified Anita then tried to escape through the window but could not as the space was quite tight. Martha opened the door to try to calm Moke down but failed so he locked her, Anita and Mutuku in the room and sat outside armed with a metal rod removed from a chair leg. For several hours, students and university security tried to reason with Moke without luck. Eventually, the police managed to overwhelm him, and retrieve Mutuku who had suffered a serious concussion, in addition to other injuries. Even as Moke faces criminal charges, he is facing civil action in intentional torts against the person where he is a defendant as follows: Mutuku v Moke (15 marks)

Anita v Moke (15 marks)

Moke has come to you for legal advice. From the perspective of a defendant, discuss all the ingredients of one intentional tort against the person that can be brought against Moke and guide him how to adequately defend himself.