Administrative Law Question Paper

Administrative Law

Course:Diploma In Management

Institution: Mombasa Polytechnic question papers

Exam Year:2007

DIPLOMA IN MANAGEMENT PART 1
ADMINISTRATIVE LAW
INSTRUCTIONS TO CANDIDATES
Answer any FOUR of the SIX questions.
All questions carry equal marks
This paper consists of 3 printed pages.
Candidates should check the question paper to ascertain that all the pages are printed as indicated and no questions are missing.
1.(a) Outline five functions of a permanent secretary in a government ministry.(10 marks)
(b) Anglosed, a parastatal under the Ministry of Agriculture, wishes to enact legislation to regulate inspection of horticultural produce for export.Mr.X, a newly appointed Managing Director seeks to know how such legislation can be effected. Explain the procedure that is normally followed to enact the required legislation.(15 marks)

2.(a) There are certain classes of cases in public law in which declaration has been granted. Explain these classes of cases.(16 marks)
(b) Chiko, a former dictator and head of state of Coco Republic, was arrested in Ronda under extradition warrants. The warrant charged him with various crimes against humanity including murder, hostage taking and torture. Amnesty International obtained an order to be included in the proceedings as an interested party. The case against Chiko is being presided over by three judges. Judge James, one of the judges, is an unpaid director and Chairman of Amnesty International Trust Limited whose objective includes the abolition of torture and extra judicial execution and disappearance. Chiko has petitioned the court to have Judge James barred from sitting on the panel. With regard to the rules of natural justice, explain the legal effect by the presence of Judge James on the panel.(9 marks)

3.(a) David is a young man who aspires to become the Member of Parliament for Mtondia West constituency. He approaches you to advise him on the legal requirements which he would have to satisfy to realize his ambition. Explain the legal requirements as set out in the constitution that have to be satisfied.(10 marks)
(b) Explain under what circumstances the order of mandamus is deemed to lie.(6 marks)
(c) Explain the effect of an award of certiorari.(9 marks)

4.(a) In relation the doctrine of collective responsibility, explain three functions of the cabinet.(6 marks)
(b) The constitution provides that all constituencies shall contain as nearly equal numbers of inhabitants as appears to the electoral commission to be reasonably practicable. Explain the extent to which the Electoral Commission might depart from this principle.(10 marks)
(c) With reference to local authorities, explain how by-laws are enforced.(9 marks)

5.(a) Explain five points of distinction between a Tribunal and an Inquiry commission.(10 marks)
(b) The Constitution of Kenya guarantees freedom of expression. Explain the exceptions to this as set out in the Constitution.(15 marks)

6.(a) Sambaya was arrested for assaulting three other police officers.At no time did the police tell him the reason for his arrest. Sambaya was charged with the offence of assault. Sambaya is aggrieved because the police had failed to inform him of the reason of his arrest as soon as practicable. Citing the relevant legal principles, advise Sambaya.(10 marks)
(b) In relation to the preservation of public security Act Cap 57; explain the meaning of "The preservation of public security".(5 marks)
(c) Explain the circumstances under which the President may make regulations for preservation of public security.(10 mark)

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