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Administrative Law Question Paper

Administrative Law

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2012

The Parliament of Kenya is in the process of debating a Bill (first reading) that requires all persons in Kenya to notify the County Commissioners of their Counties whenever they want to travel out of the county. Such notices must be filed with the County Commissioner at least one month before travel. No waivers are available for this condition and no one would be allowed to travel without this authorization. The Commissioners have powers to order the arrest and detention for periods not less than six months of any person who contravenes this law without the need to present the offender before court.

"Article 39 of Kenya" is a non-governmental organisation based in Nairobi. Its mandate is to promote the enjoyment of freedom of movement. In assessment, this law under consideration in Parliament is evidently unconstitutional for contradicting article 39 of the Constitution which reads as follows:
Article 39
(1) Every person has the right to freedom of movement
(2) Every person has the right to leave Kenya
(3) Every person has the right to enter, remain in and reside anywhere in Kenya.
Further, the NGO does not think that this law qualifies under the provisions of the Constitution that allow limitation of rights which require such limitation to be by law; reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom while taking into account all relevant factors. "Article 39 of Kenya", the NGO, has come to your firm for advice on the feasibility of making an application to the High Court of Kenya to declare the Bill and any ongoing parliamentary proceedings related to the bill as void for breaching the Constitution. Advice the NGO on this point and any other alternative scenarios for the way forward. (20 marks)

Administrative Law Question Paper

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