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Lpr 206 Constitutional Law Ii Question Paper

Lpr 206 Constitutional Law Ii

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2012

QUESTION 1 (Compulsory)
"Justice is open, transparent and should be responsive and accountable. These are not fashionable terms any more, but a reality under the Constitution of Kenya 2010. If the state wants to exercise the power of entering whatever writs no one will stop them as long as they meet the threshold of public interest, interest of justice and ensure non-abuse of the court process".

(a) Which judge said this, in which case and when? (3marks)

(b) What were the circumstances if this case ans what kind of powers was the court exercising when it dealt with the matter? (7marks)

(c) What provisions of the constitution did the court refer to and for what reasons? (5marks)

(d) Discuss the aspects of the Bill of Rights that this ruling is alluding to whether directly or indirectly. You may wish to cite other relevant case law on the subject. (10 marks)

(e) Define the terms:
(i) "The threshold of public interest. (2 marks)
(ii) "Interest of justice" (1 mark)
(iii) "Abuse of the court process" (2 marks)

QUESTION 2
The Constitution of Kenya 2010 has a very explicit and expansive Preamble.
(a) What are the contents of the Preamble? (10 marks)
(b) What do the contents of the Preamble mean to the proverbial Kenyan called "Wanjiku"? (10 marks.)

QUESTION 3
The Constitution creates an independent judiciary consisting of courts of law and tribunals.
(a) Identify these courts of law and tribunals citing their core functions. (8 marks)
(b) Define the doctrine of separation of powers and explain the relationship between it and the protection of liberty and good governance. (12 marks)

QUESTION 4
Discuss and explain the role of political parties in constitutional development. Are Kenyan political parties really playing any significant role in the overall development of the country? (20 marks)

QUESTION 5
Write explanatory notes on any two (2) of the following:
(a) Sovereignty of the people and the supremacy of the Constitution. Illustrate your answer with relevant case law. (10 marks)
(b) "Participation of the people of Kenya is now a constitutional principle." Discuss. (10 marks)
(c) The devolved government: new structures of governance? Discuss. (10 marks)
(d) Leadership and integrity. Cite case law.

Lpr 206 Constitutional Law Ii Question Paper

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