Constitutional Law CAT 1

QUESTION 1

Critically discuss the meaning, scope and significance of separation of powers, checks and balances.

Provide examples of how the Constitution of Kenya, 2010 ensures a balance of power between at least any two (2) arms of Government in Kenya and some of the challenges and recent or proposed or necessary reforms.

QUESTION 2

(a) "Devolution is an important part of balancing the sovereignty of the people, sovereignty of the Republic of Kenya and foreign interests in the context of control or interference by the National ("Central") Government and by the Euro-American and Chinese Governments." Without being limited to the foregoing quotation, discuss the impact of devolution on promoting inclusivity, development and local governance under the post-2010 constitutional dispensation in Kenya. (10 marks)

(b). "Participation of the people, popularly referred to as 'Public Participation' is a constitutional principle entrenched in public decision making under the Constitution of Kenya 2010. Therefore, the public, communities and organizations who are to be affected by a decision have a right to be consulted and involved in the decision-making process."

Discuss the meaning and significance of participation of the people without being limited or constrained by the foregoing quotation. (10 marks)

QUESTION 5

(a) "Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state." Plato.

Discuss the essential components of the Rule of Law identifying both its formal and procedural aspects with a focus on Kenya. (10 marks)

(a) "The Role of the Legislature in the emergent commonwealth is to make laws at the command of the executive. The Idea that the legislature is superior to the executive is a myth. Discuss with a focus to Kenya. (10 marks)

(c) Judicial independence or Independence of the Judiciary in Kenya. (10 marks)