CONSTITUTIONAL LAW SAMPLE EXAM PAPER 4

Question 1 - compulsory
“It is evident that the party system forms an integral link with the constitutional and legal set
ups. The specific pattern of constitutional development that occurs in a given country is
intimately related to the party system.” Professor J.B Ojwang’, Constitutional Development in
Kenya: Institutional Adaptation and Social Change.
Bearing in mind the above postulate by Professor Ojwang’ answer the following questions:
a. What is the political party system in Kenya under the constitution of Kenya 2010.
5 marks
b. The Constitution of Kenya 2010 demands certain things of political parties in Kenya. The
said things are in the nature of the character that a political party should have as well as
the character that a political party should not have. Identify those positive and negative
expectations of the Constitution of Kenya 2010 of every political party. 25 marks

Question 2
Immediate post independence constitutional amendments were designed to secure loyalty of
the public and civil service to the Chief Executive of the state without bothering about the
independence necessary for the said service to deliver services. The Constitution of Kenya 2010
has endeavored to put in place a public service founded and principles. Identify the principles
governing the public service under the Constitution of Kenya 2010. 20 marks

Question 3
It is often said that independent commissions and offices in Kenya have assumed the status of a
fourth arm of government. The Constitution of Kenya 2010 has established a number of
Constitutional Commissions and Independent Offices. Identify these commissions and state
the general objectives of the Commissions and independent offices under the Constitution of
Kenya 2010. 20 marks

Question 4
In addition to enacting legislation, one key function of the Kenya National Assembly is to act as
a check and a balance over the executive arm of government. In what ways does the National
Assembly in Kenya exercise its role of checking the exercise of power by the executive arm of
government? 20 marks

Question 5
Set out the structure of the judiciary in Kenya. What is the jurisdiction of the Supreme Court
under the Constitution of Kenya 2010? 20 marks