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What is characteristics of a good constituton

11/2/2023

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​What is characteristics of a good constituton

  1. should be definite and specific in content
  2. should be comprehensive covering all aspects of Government
  3. should be durable and elastic.  Be able to avoid being tampered with but flexible to accommodate changing needs of the society
  4. be able to protect the changing but fundamental rights of citizens.
  5. must give room for amendment and clearly state the procedure

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Explain six powers and functions of the president in Kenya

20/4/2022

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powers and functions of the president in Kenya

  1. As head of state s/he represents the people of Kenya locally and internationally.
  2. The president has appointive role: deputy president in addition nominates senior officers such as cabinet secretaries. Attorney General, Director of Public prosecution, the secretary of the cabinet, principal secretaries, high commissioners ambassadors with the approval of the National assembly.
  3. The president addresses the opening of each newly elected parliament and also addresses special sittings of the parliament
  4. The president chairs cabinet meetings 
  5. President is the commander-in-chief of the Kenya Defence forces
  6. The president may exercise power of mercy with the advice of advisory committee
  7. The president may also confer honours to people
  8. The president presides over national holidays

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Three conditions one must fulfill to be declared as a winner in the presidential election in Kenya

20/4/2022

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conditions one must fulfill to be declared as a winner in the presidential election in Kenya

  1. 50% plus one vote on top of 25% of votes in 24 countries
  2. Simple majority in case of re- run / round two of elections
  3. No election petition after elections

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Describe the key stages in the constitution making process in Kenya

20/4/2022

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key stages in the constitution making process in Kenya

  1. Debating over contentious issues 
  2. Collection of public views 
  3. Civic education
  4. Convening of  constitutional conferences 
  5. Drafting of the constitution
  6. Referendum
  7. Enacting of the constitution 
  8. Promulgation of the constitution

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Give three functions of a constitution

20/4/2022

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functions of a constitution

  1. Protects rights and fundamental freedoms of a citizen and define their responsibilities 
  2. It is the basis upon which the government is established
  3. Defines  the relationship between the governor and the governed 
  4. Spells out the legal framework from which the law the country is made 
  5. Promote national unity

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Identify two characteristics of a written constitution

20/4/2022

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​Identify two characteristics of a written constitution

  1. Provides a clear guideline in case of crisis/transition.
  2. It is rigid and cannot easily be manipulated.
  3. It is ideal for a newly formed state.
  4. It preserves the identity of diverse ethnic and racial groups.
  5. Promotes unity since it is arrived at after thorough consideration by all/A product of consensus.
  6. Procedures for its amendments are clearly spelt out.
  7. A special body entrusted with drafting the constitution/must get the approval of the legislature.

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Identify five features of the Independence constitution

8/4/2022

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Identify five features of the Independence constitution

  1. It provided for the establishment of a federal government
  2. It spelt out that the party with the majority formed the government
  3. It  spelt out the rights and obligation of individual /citizens
  4. It provided for the establishment of National Assembly consisting of the Senate and the House of Representatives
  5. It provided for a position post of prime minister to head the government and governor General to head the state
  6. It spelt out the powers and responsibilities of the Central Government and regional Governments
  7. It established regional governments with regional assemblies and presidents
  8. It divided responsibilities between regional governments and the central government


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Identify the chief executive of the county government.

8/4/2022

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Identify the chief executive of the county government.

  • The Governor


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Identify two problems that have been experienced in the constitution making process in Kenya.

6/4/2022

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Identify two problems that have been experienced in the constitution making process in Kenya.

  1. inadequate funds to finance the exercise
  2. political interference in the whole exercise with selfish interests
  3. External interference by developed countries
  4. Illiteracy among the people with some unable to read and write

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Describe five features of the independence constitution of Kenya.

6/4/2022

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Describe five features of the independence constitution of Kenya.

  1. It provided for a Governor General who was the head of state on behalf of Queen.
  2. It provided for an independent Judiciary to ensure justice and to prevent corruption
  3. It set up a judicial service commission to appoint the chief justice
  4. It provides for six regional Governments and Assemblies  whose power included control of land, education, health and the police.
  5. It provided for the position of a prime minister as the head of Government
  6. It provided for the tenure of the office of the judges and the Attorney General
  7. It provided for a bicameral House consisting of the Senate and House of Representatives.

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Identify five requirements in the constitution making process.

6/4/2022

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Identify five requirements in the constitution making process.

  1. Provision of civic education
  2. Collecting views from the public
  3. Drafting the constitution (by a special body)
  4. The draft constitution is published for the public/disseminated
  5. The Review commission holds public hearings in all the areas for further recommendations
  6. The agreed upon issues are re-drafted and presented to the Attorney General by review commission
  7. If certain issues are rejected/contested  at the conference, the commission organizes a referendum for the public to vote
  8. The Attorney General publishes the draft constitution in form of a Bill
  9. It is introduced in parliament for enactment.


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CHARACTERISTICS OF A GOOD CONSTITUTION

2/4/2022

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Characteristics of a good constitution

  1. should be definite and specific in content
  2. should be comprehensive covering all aspects of Government
  3. should be durable and elastic.  Be able to avoid being tampered with but flexible to accommodate changing needs of the society
  4. be able to protect the changing but fundamental rights of citizens.
  5. must give room for amendment and clearly state the procedure

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Advantages of a written constitution

2/4/2022

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Advantages of a written constitution   (10mks)

  1. It is rigid and cannot be altered on manipulated by politicians or interested groups.
  2. It is readily available for reference since it is in one document
  3. In crisis, it provides very clear guidelines on the procedures to be followed ensuring stability in the country e. g  death of a president
  4. It is fundamental to the newly formed nations e.g Kenya, south Sudan to take off in an orderly manner.
  5. Countries with ethnic and religious diversity require a written constitution so that the indentity  of the various groups are preserved and maintained.
  6. It is supported by the majority of the citizens e.g  70% in a referendum.  

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Give three sources of Kenyan Law

4/10/2021

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Give three sources of Kenyan law.
  • African traditions and customary law e.g for marriage
  • Religious e.g the laws used in kadhi’s courts
  • Common law originating from England which is the most commonly applied in Kenya courts
  • Statutory law, legislated through Acts of Parliament
  • Judicial precedents e.g rulings of the court of Appeal 
  • They Kenya constitutions which contains the fundamental law of the land.

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Why are parliamentary elections held regularly in Kenya

13/12/2020

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Why are parliamentary elections held regularly in Kenya

  1. Parliamentary elections are held regularly in order to give the citizens the opportunity to exercise their constitutional right of participating in the democratic process.
  2. To give citizens the chance to choose leaders whom they have confidence in
  3. To enable the people to give mandate to the party of their choice to rule.
  4. To inject new blood into parliament and government
  5. To enable sitting Mps to be responsive to the development needs of the electorate stipulated by the constitution.
Vertical Divider
Why are parliamentary elections held regularly in Kenya

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Constitution and Constitution Making for Topical History Questions and Answers

5/11/2020

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Constitution and Constitution Making for Topical History Questions and Answers

1996

15. Which provision in the Kenya constitution protects the wealth of individuals in the country? (1mk)

21. a) Describe the main provisions of the independence constitution of Kenya.(3mks)

1998

 21(b) Describe the constitutional amendments which took place in Kenya between 1964 and 1992. (12mks)

2000

14. State one way in which the Kenya constitution promotes national unity. (1 mk)

22 (a) What were the three features of the independence constitution of Kenya?(3 mks)

2003

11. State two provisions of the independence constitution of Kenya. (2 mks)

2006

5. Name the type of constitution used in Kenya                                                 (1mk)

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Explain the role of opposition parties in government and nation building

5/11/2020

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The role of opposition parties in government and nation building

  1. Keep the government of the day on its toes by pointing out the shortcomings/ acts as the watchdog for the people.
  2. Contribute to the process of law making and ensure that laws are in harmony with the constitution.
  3. Educate the masses/ public about their rights/ gives education to the masses.
  4. Mobilize people for participation in the political democratic process
  5. They offer alternative policies and programmes to those of the ruling party.
  6. Ensure that public funds are properly utilized through Public Investments Committee or public Accounts Committee.
  7. They check possible excesses by the government and the party in power.
  8. They provide the basis for peaceful solution of conflicts

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​What are the sources of the British Constitution

5/12/2018

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​What are the sources of the British Constitution

​What are the sources of the British Constitution
  • Act of parliament e.g. the Magna Carta, the parliament Act of 1911
  • The British conventions which have been used from generations to generation over a long period of time. For example those which - the British citizens against the excess of the executive.
  • The courts of Britain established decision made by the British law courts from time to time become part of the British Constitution e.g. in 1884 the Supremacy of parliament.
  • Legal publications by reputable authorities e.g. scholars lawyers statesman. Political thinkers.
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What is constitution?

22/11/2018

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Definition of a constitution.

  • A body of fundamental principles on which the government of a state is based either a system of laws and principles on which the government of a state is based.
  • The term ‘constitution’ refers to a set of agreed principles and rules which state the structure and powers of a government
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State three functions of the police force in Kenya.

21/11/2018

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Functions of the police force in Kenya.

Before 2010 Constitution:
  • To maintain law and order
  • To investigate internal security
  • To provide Internal security
  • To control and direct traffic in the country
  • To arrest and prosecute suspected criminals.
  • To mount a guard of honours for domestic and international dignitaries
After 2010 Constitution:
​​As outlined in Part III, section 24 of the National Police Service Act, the functions of the Kenya Police are: 
  • Provide assistance to the public when in need
  • Maintenance of law and order
  • Preservation of peace
  • Protection of life and property
  • Investigation of crimes
  • Collection of criminal intelligence
  • Prevention and deduction of crime
  • Apprehension of offenders
  • Enforcement of laws and regulations with which it is charged
  • Performance of any other duties as may be assigned by the Inspector General in accordance with the law
​Source: Kenya Police Service
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What are the constitutional duties of the president of Kenya.

21/11/2018

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Constitutional duties of the president of Kenya before 2010 Constitution

  • The president is the head of government chairs cabinet meetings.
  • Opens parliament at the start of every session.
  • Prorogues parliament.
  • Commander in charge of the Armed forces
  • Received credentials form foreign envoys accredited to Kenya.
  • Appoints senior civil servants and dismisses/cabinet ministers/ nominated Mps.
  • Represents the country in international fora.
  • Confers in honours for distinguished/ services.
  • Consents bills before they become law.

​Constitutional duties of the president of Kenya After 2010 Constitution

The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. ~ Wikipedia
  1. The President shall--
    1. address the opening of each newly elected Parliament;
    2. address a special sitting of Parliament once every year and may address Parliament at any other time; and
    3. once every year--
      1. report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in Article 10;
      2. publish in the Gazette the details of the measures and progress under sub-paragraph (i); and
      3. submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.
  2. The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss --
    1. the Cabinet Secretaries, in accordance with Article 152;
    2. the Attorney-General, in accordance with Article 156;
    3. the Secretary to the Cabinet in accordance with Article 154;
    4. Principal Secretaries in accordance with Article 155; high commissioners, ambassadors and diplomatic and
    5. consular representatives; and
    6. in accordance with this Constitution, any other State or public officer whom this Constitution requires or empowers the President to appoint or dismiss.
  3. The President shall--
    1. chair Cabinet meetings;
    2. direct and co-ordinate the functions of ministries and government departments; and
    3. by a decision published in the Gazette, assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, to the extent not inconsistent with any Act of Parliament.
  4. The President may--
    1. perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission;
    2. receive foreign diplomatic and consular representatives;
    3. confer honours in the name of the people and the Republic;
    4. subject to Article 58, declare a state of emergency; and
    5. with the approval of Parliament, declare war.
  5. The President shall ensure that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.
Source: Kenya Law Reform Commission â€‹
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Which provision in Kenya constitution protects the wealth of individuals in the country

19/11/2018

2 Comments

 

Provision in Kenya constitution protects the wealth of individuals in the country

  • The right to own property.
  • The Bill of right.
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