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Lpr 206:Constitutional Law Ii Question Paper

Lpr 206:Constitutional Law Ii

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2016

KENYATTA UNIVERSITY
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
LPR 206:CONSTITUTIONAL LAW II
DATE: TUESDAY 13TH DECEMBER 2016
TIME: 9:00 A.M. - 11:00 A.M.
INSTRUCTIONS:
1. Answer QUESTION ONE and any OTHER TWO questions
2. Note that penalties accrue for failure to answer QUESTION ONE
3. Support your answers with illustrations from relevant case law, statutory provision and any other applicable references.
4. Write neatly and legibly.
5. Your answer script must bear your student's registration number.
6. Do not scribble or draft answers on the inner or outer cover pages of your answer booklets.
7. Do not write anything except your registration number on this Question Paper.

1. Honorable Samson Mwiliza, a Member of the National Assembly from Embakazi East Constituency is in possession of documentary evidence that implicates Honorable Njoroge Muturi, a Cabinet Secretary for Devolution and Planning to, not only irregularly awarding contracts and inflating supplies prices but also for sanctioning the payment to contractors involved in carrying out shoddy work of building and/ or refurbishing Huduma Centers across forty seven counties in Kenya. He intends to use the same to have Honorable Njoroge Muturi removed from office.
a) Describe the procedure Honorable Samson Mwiliza will adopt to ensure Honorable Njoroge Muturi is successfully removed from office. (20 MARKS)
b) Discuss the constitutional and other legal grounds upon which Honorable Njoroge Muturi can be removed from office. (10 MARKS)

2. With the help of latest judicial decisions, evaluate the provisions enshrined under Part 2, Chapter 10 of the Constitution of Kenya,2010 relating to the qualifications, tenure and procedure for removal of the Deputy Chief Justice of Kenya. (20 MARKS)

3.Critically evaluate the procedure laid down under Part 2, Chapter 8 of the Constitution of Kenya, 2010 and section 45 of the Elections Act, 2011 for recalling a Member of Parliament. (20 MARKS)

4. "Devolution in Kenya is the pillar of the Constitution that seeks to bring the Government closer to the ordinary Kenyans and more importantly, guarantee equitable sharing of national and local resources throughout Kenya." Explain in detail to what extent the election of County Governor and Deputy County Governor along with the powers and functions of County Governments vis-a-vis National Government fulfill the objectives of devolution. (20 MARKS)

5. Write brief explanatory notes on any two of the following:
a) Nature and place of constitutional Commissions and Independent Offices in the Governance structure in Kenya. (20 MARKS)
b) Principles and framework of public finance. (10 MARKS)
c) Judicial independence in Kenya. (10 MARKS)

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Lpr 206:Constitutional Law Ii Question Paper

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