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Constitutional Law Ii Question Paper

Constitutional Law Ii

Course:Bachelor Of Laws (Llb)

Institution: Kabarak University question papers

Exam Year:2009

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2009/20010 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 107
COURSE TITLE: CONSTITUTIONAL LAW II
STREAM: Y1S2
DAY: THURSDAY
TIME: 9.00 – 11.00 A.M.
DATE: 12/08/2010

INSTRUCTIONS:
Candidates are required to answer Question One which carries Thirty (30) marks and Two
other Questions which carry fifteen (15) marks each.

1. Question One
Constitutional Law Scholars have defined/described Constitution in different ways; one such
description is by Duchacek, that “a Constitution is a power map”
Taking into account Kenya’s quest for a new Constitution, discuss how the Proposed
Constitution of Kenya issued on the 6th day of May, 2010 and subjected to a referendum on
the 4th day of August, 2010 attempts to draw the contours of power.
(30 marks)

2. Question Two
“After all is said and done, we all must agree that there is nothing like
separation of powers and that the so called separation of powers is
nothing but division of Labour”
(Picho Ali)
Discuss the practical application of Doctrine of Separation of powers in Kenya
in light of the above statement. (15 marks)

3. Question Three
Discuss the nature of scope of Executive Powers in relation to the Legislature and the
Judiciary in Kenya’s Constitution. (15 marks)

4. Question Four
With reference to Kenya’s experience, discuss how Commissions of enquiry have been used
to check Executive Power. (15 marks)

5. Question Five
The National Accord and Reconciliation Act of 2008 was enacted to respond to the unique
circumstances of Kenya’s Post 2007 elections violence. With reference to the Act and
consequent Constitutional Amendments discuss how its provisions have influenced the
following arms of the Government: -
(i) The Executive (5 marks)
(ii) The Legislature (5 marks)
(iii) The Judiciary (5 marks)

Constitutional Law Ii Question Paper

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