Question 1
Burger Lunch debates are becoming increasingly popular sessions at Kabarak University. As part of its measures to enhance research among the students and lecturers, the university has dubbed lunchtime on Thursday as the Burger Lunch. During this session, students and lecturers are required to assemble in KLAW 4 for debates. Every person who attends the session is entitled to a chicken burger for free. The same is served with some sweet drink whose manufacturing formula is only known to the chef. During this session a student or lecturer identifies a topic for discussion and once the same is approved, the student or lecturer makes a scholarly presentation to those in attendance. Both students and lecturers are encouraged to make their presentations on contemporary topical issues.
Last week, the media was awash with headlines on the recent decision of the registrar of societies to register an association known as the Association of the Gay and Lesbian Heroes of Kenya. This society, it was reported, has the objective of promoting and protecting the welfare of gays and lesbians in Kenya. This has led to a lot of debate as to whether the Kenya government’s decision to register this association was right or wrong. Of course the religious fraternity has accused the government of failing in its duty to uphold the moral fibre of the Kenyan society. Some people have called for the arrest and prosecution of the interim officials of the association as well as the resignation and prosecution of the Registrar of
Societies for her conspiracy into this “offence against the moral instincts and fabric of the Kenyan public”. Students and teachers at kabarak have also been overheard discussing the issue in law tones. You have chosen this issue as the basis a presentation at the Burger lunch debate next Thursday. Your proposal has been approved by the co-ordinator of Burger lunch debates. The debate is highly publicized and every person including the chancellor has vowed not to miss your presentation. You are determined to seize the occasion to enlighten the Kabarak community, by force of logic and reason, on what the proper position of the law should be on the subject in question. You have armed yourself with jurisprudential arguments on legal enforcement of morality as advanced by various scholars as well as decisions of courts from various jurisdictions on the place of gay and lesbian practices in a just and
democratic society. Let us hear you. 30 marks
Question 2
In his treatise Of Laws in General Jeremy Bentham defines a law as an assemblage of signs declarative of a volition conceived or adopted by the sovereign in a state, concerning the conduct to be observed in a certain case by a certain person or class of persons who in the case in question are or are supposed to be subject to his power: Such volition trusting for its accomplishment to the expectation of certain events which it is intended such declaration should upon occasion be a means of bringing to pass, and the prospect of which it is intended should act as a motive upon those whose conduct is in question.
This definition of law has been said to result into eight different respects in which a law may be considered. Identify and explain the eight different respects. 20 marks
Question 3
Discuss the Grund norm theory of the meaning, nature and character of law as espoused by Prof. Hans Kelsen. 20 marks
Question 4
The natural law school of thought has had tremendous contributions to constitutional law as we know it today. With different to the teachings of natural law and the fundamentals of constitutional law, set out and explain the said contribution. Specific references to the Constitution of Kenya 2010 will add you marks. 20 marks
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