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Klaw 107: Constitutional Law Ii Question Paper

Klaw 107: Constitutional Law Ii

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2011

COURSE CODE: KLAW 107
COURSE TITLE: CONSTITUTIONAL LAW II
STREAM: Y1S2
DAY: WEDNESDAY
TIME: 9.00 – 11.00 A.M.
DATE: 23/03/2011

INSTRUCTIONS:
1. Answer question 1 and any other 2 questions.
2. Question 1 is compulsory.
3. Question 1 carries 30 marks and each of the other questions carries 20 marks

1. “The Constitution of Kenya (Amendment) Act, 2008, Act No. 3 of 2008 and the National Accord
and Reconciliation Act, Act No. 4 of 2008 created the offices of the Prime Minister and Deputy
Prime Ministers. These laws resolved all the contentious issues regarding power sharing within
the executive. There was no need to change the constitution any further.” Discuss this statement
made by an anonymous member of the civil society in his presentation to the Committee of
Experts on the Review of the Constitution of Kenya. 30 marks.

2. Professor B.O Nwabueze suggests that “there is no such thing as an independent judiciary
anywhere. The judiciary has always been created by the politics of the economic base and not
vice versa.” With reference to the provisions of the Constitution of Kenya 2010, identify the
measures that have been put in place to secure the independence of the judiciary. 20 marks.

3. “The tenth parliament (2008 – 2012) is becoming quite assertive. It will help Kenyans control the
executive and also enable Kenyans to realize constitutional democracy. Assess this statement
having regard to the powers that Parliament has at its disposal. 20 marks.

4. Discuss the practice and enforcement of the freedoms of conscience and religion in Kenya. Draw
examples from the freedom of worship at home, in educational institutions, in marriage and social
relations, in the media, in public institutions and in public life generally. 20 marks.

5. “The provisions relating to socio-economic rights in kenya are a mere collection of pious
platitudes. They are incapable of enforcement in practice. They are not worth the piece of paper
they are written on”. Discuss this statement overheard from a pessimistic famished herder from
Turkana County. 20 marks.

Klaw 107: Constitutional Law Ii Question Paper

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