Constitutional Law I Question Paper
Constitutional Law I
Course:
Institution: Kabarak University question papers
Exam Year:2009
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2009 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 102
COURSE TITLE: CONSTITUTIONAL LAW I
STREAM: Y1S1
DAY: FRIDAY
TIME: 2.00 – 4.00 P.M.
DATE: 13/08/2010
INSTRUCTIONS:
Candidates are required to answer Question One which is compulsory and carries Thirty (30) marks
and Two (2) other Questions which carry Fifteen (15) marks each.
1. Question One
We do not accept that a Constitution ought to be read and
interpreted in the same way as an Act of Parliament. The
Constitution is not an Act of Parliament. It exists separately in
our statutes. It is supreme law it is our considered view that,
constitutional provisions ought to be interpreted broadly or
liberally and not in a pedantic way i.e. restrictive way –
Constitutional provisions must be read to give values and
aspirations of the people. The Court must appreciate throughout
that the Constitution, of necessity has principles and values
embodied in it, that a Constitution is a living document.
(The Court in Crispus Karanja Njogu v Attorney General,
HCCC Application No. 39 of 2000)
With the aid of decided cases discuss the extent to which the Courts subscribed to
the above statement in Interpreting the Kenyan Constitution in the following cases: -
(i) Dr. Jesse Kamau & 25 Others –vs- The Attorney General and the Constitution
of Kenya Review Commission, Misc. Appl. No. 890 of 2004.
(ii) Bishop Joseph Kimani v 2 Others the Attorney General, the Committee of
Experts and the Chairman Parliamentary Select Committee, Petition No. 669
of 2009 (High Court of Kenya at Mombasa). (30 Marks)
2. Question Two
Taking into account the history of Kenya’s Constitution making, starting with the
Independence Constitution (Act No. 1968 of 1963), the Current Constitution (Act
No. 5 of 1969) and the ongoing Constitution Making Process, discuss the
significance of the concept of ‘autochthony’ in Constitutional Practice.
(15 marks)
3. Question Three
The famous legal philosopher Hans Kelsen described a Constitution as a
Grundnorm.
Discuss the significance of his Constitutional theory and how it has influenced
the status of the Constitution in Kenya’s legal history. (15 marks)
4. Question Four
Prof. H. W. O. Okoth-Ogendo is famous for his statement that “Africa
is a land of Constitutions without Constitutionalism”.
Taking into account Prof. H. W. O. Okoth-Ogendo extant arguments, discuss the
nexus between Constitutions and Constitutionalism focusing on Kenya’s
experience (15 marks)
5. Question Five
Write notes on any THREE (3) of the following: -
(i) Democracy (5 marks)
(ii) Separation of Powers (5 marks)
(iii) Parliamentary Supremacy (5 marks)
(iv) Judicial Independence (5 marks)
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