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Constitutional Law Ii Question Paper
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
INSTRUCTIONS:
1. Answer question ONE and any other TWO questions
2. Question ONE is COMPULSORY
1. “We live in a society in which there is great disparities in wealth. Millions of people are
living in deplorable conditions and in great povery…….. these conditions already existed
when the Constitution was adopted and a commitment to address them and to transform
our society into one in which there will be human dignity, freedom and equality, lies at
the heart of our new constitutional order. For as long as these conditions continue to exist
that aspriration will have a hollow ring” Chaskalson P, Soobramany Vs Minister of
Health, kwa Zulu-Natal 1998 1 SA 765 (CC)
One of the mechanisms of redressing the situation referred to by Chaskalson P is making
provision for socio-economic rights as part of the state’s duties under the constitution.
With reference to the Constitution of Kenya 2010,
a) Identify the socio-economic rights guaranteed by the Constitution of Kenya 2010.
(10 marks)
b) Discuss with reference to applicable case law from other jurisdictions the scope of
the obligation of the state in securing socio-economic rights under the constitution
of Kenya 2010. (20 marks)
2. “Raila said parliament must play its watchdog role and called for a reasonable threshold
to call for resignation.” Wetangula took the right step under New Order, said Raila, the
standard, Thursday October 28, 2010, p. 12. Discuss the role of parliament in checking
the National Executive under the constitutional executive under the constitution of Kenya
2010. (20 marks)
3. “so important is the political party at a general level that a constitutional analysis which
fails to acknowledge them is unlikely to bear a full relation to reality” J B Ojwang’
Constitutional Development in Kenya: institutional Adaptation and Social Change, Acts
Press, 1990, p. 42.
a) Discuss the role of political parties in constitutional governance (10 marks)
b) Identify the character of political parties envisaged under the constitution of
Kenya (10 marks)
4. Parallel to the central departments of government, various commissions have been
established to implement specific aspects of the Executive’s mandate. With reference to
the constitution of Kenya 2010:
a) Identify the constitutional commissions established by or anticipated under the
constitution. (10 marks)
b) The roles of any two of the commissions identified in (a) above. (10 marks)
5. With reference to the Constitution of Kenya 2010, write short explanatory notes on the
following:
a) The Supreme Court of Kenya. (5 marks)
b) The Senate. (5 marks)
c) The County Assembly (5 marks)
d) The National Assembly. (5 marks)
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