CONSTITUTIONAL LAW
DR. MUKAMI NTHIGA
LPR 111
GROUP 11
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
PHILIP OTIENO - L250 /23505/2022
SHADRACK OTIENO OYOO - L250/24233/2022
RICHARD OBUYA - L250 /23520/2022
STEPHEN OMONDI - L250/23513/2022
HEMISTON SMITH - L250/23515/2022
LESHAN VINCENT TIAMPATI -L250/23482/2022
TIPPINE OMOCHE MAKARI- L250/23474/2022
ODHIAMBO ELISHA OMONDI-L250/23516/2022
OKENYO GEORGE - L250/23517/2022
DAVID SARINKE LOOLOSHO - L250/23507/2022
VINCENT OKOTH -L250 /23514/2022
VICTOR NYANGOKO- L250/23531/2022
CONSTITUTIONAL LAW
DR. MUKAMI NTHIGA
LPR 111
Difference between
i) Legal and illegality
ii) Legal from oxford blacks dictionary refers to something that is acceptable, allowed and
conforms to the law WHILE Illegality from Meriam website pronounce it as the state of
being contrary or against the law.
Non legal and unlawfulness
From Meriam website non-legal refers to not pertaining to the law WHILE Unlawfulness
refers to defiance of the law or that which is not authorised and justified by the law thus
not conforming to legal authority or social profession.
2.Is Kenya a democratic, dictatorship or a hybrid. Explain
From the group discussion we came to agree and preside over one analogy that our
country Kenya is a hybrid state since we considered some of the uprising issues and
factual matters which could bring some sense of dictatorial government which were not
in line with our laws i.e constitution and contrary to other statutes guiding our country.
Neither did we reach up to such consideration than we also uphold different issues that
our country Kenya may have made a stand and a strand move to execute in line with the
laws and statutes that our country abide by. Hence from the doctrine of RES IPSA
LOQUITUR which pronounce clearly for things and facts speaking for themselves we
humbly submit in relying to the following;
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Under article 3(2) it brings some sense of dictatorship since the prime ministerial
serat which was formed was not in compliance with the constitution hence proved
to be unlawful
Article 2(2) states that no person may claim or exercise state authority except as
authorised under the constitution therefore the constitution clarifies on the term
limit of the presidency of this country hence no one should not try to claim or
propose something contrary to the working law governing our country.
Article 81(b)speaks about two third gender rule which is to be implemented as
indicated in the constitution thus the outcome is unforeseeable in our government
all along since independent hence a state of dictatorship government is depicted.
Article81(e)narrates all about how elections are to be held to enhance peaceful and
accountable pursuit of power which have never been the case in our country in most
elections held since after every such an occurrence truth must always come out that
transparency is not accorded in the event therefore this has always made our
country to have leaders ruling under subjected will due to such claims making our
country to have tension after elections thus brings a clear picture of having a
dictatorial state in matters of change in powers.
Article130(2) opines of regional composition in government based on ethnicity of
the people of Kenya in national executive positions formed by the president this is a
case that the ruling parties has always taken advantage of making them not to
consider and maintain equality in forming the government with their rivals leading
to imbalanced composition of national executive government in our country.
CONSTITUTIONAL LAW
DR. MUKAMI NTHIGA
LPR 111
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Other than the above evidences procuring dictatorial state in Kenya the following
are the quite little samples of speculations that we are humbled to have in our
country creating an environment for democracy as a sole and beneficial factor to the
state;
In accordance to our constitution under article 8 it advocates for having no state
religion therefore provision of freedom of worship is depicted in consideration
giving members of the state agree will I worshipping they’re on god to their interest.
Article33 advocates for freedom of expression which may make the members of the
state to seek for clarifications based on matter of facts on how they run the
government innermost expenditure and accountability for proper governance to be
put and pressed in place.
Article 38 of the constitution provides for a clear provision based on freedom of
political rights which rare endeavoured to our citizens hence can form, participate
passively or actively in political actions either through campaigning or forming
political parties and voting.
3.What is the state of sovereignty in Kenya, challenges and possible solutions.
 As a group we concluded that Kenya is fully sovereign country based on our
governance in line with the law statutes guiding our country in every state issue
concerning our government clearly depicts that we are sovereign and under self-rule
and independent in nature.
Challenges facing Kenya as a fully sovereign state
(a) Corruption
(b) Weak governance
(c) Lower public investment
(d) Fiscal austerity
(e) Forced eviction
(f) Economic sanction
(g) Challenges in insecurity food production.
Solutions to the above challenges
(a) Corruption
(i) Promoting transparency and access to information
(ii) Reforming anticorruption and antibribery policies
(iii) Exposing corrupt activities and risks that may remain hidden
(iv) Through empowering citizens of their rights to shun away from
corrupt leaders and activities
b) Weak governance
i.
Ensuring media as a freedom of speech
ii.
Ensure public access to all government information
iii.
Disclosing to the public all assets and income for candidates running
for public offices
iv.
Realising government reports on payment from extraction industry
along with open meetings or forums between the government and
country’s citizens
CONSTITUTIONAL LAW
DR. MUKAMI NTHIGA
LPR 111
C) Facial austerity
i.
ii.
iii.
iv.
Increase tax rate
Cut the government spending
Reducing subsidies
Reducing tax evasion
D) Forced eviction
i.
Drafting an invention aid aimed at informing the new constitution of Kenya by bringing in
international human right standard
E) Lower investment
I.
Improving investment efficiency by providing better infrastructure at lower cost
II.
Managing public investment spending during the crisis preserving public investment
during fiscal adjustment
DIFFERENCE OF FEDERAL AND UNITORY SYSTEM OF GOVERNMENT4

The difference is based on how power is shared in these systems. Therefore; Federal
government has fixed sovereign hierarchy level while (India) unitary government no
hierarchy of sovereign power (uk)
CIVIL AND MILLITARY CONSTITUTION


CIVIL refers to democratic certain whereby the doctrine of fundamental rights, ideas
of democracy e.g. Kenya since its elements includes; freedom, will, representation
and participation.
MILLITARY refers to that which is superimpose on a country to take the control of
ruling of a country without peoples input e.g. Nigeria (suspension and modification
of the civil constitution)
QUASI AND TRASITIONAL


TRASIONAL refers to that which is purposefully made for a given period of time
whose limit are clearly defined in terms of time of applicability e.g. in terms of
constitution in south Africa of 1993
QUASI refers to that which is created and applied for unlimited time hence
permanent
TRASFORMATIVE AND PRESERVETIVE CONSTUITUTION
 TRASFORMATIVE refers to that which tries to change something
essential in the constitution of legal culture in which its enacted to
make life different in future i.e. to amend
 PRESERVETIVE refers to that which protect the culture against changes
in the future
CONSTITUTIONAL LAW
DR. MUKAMI NTHIGA
LPR 111
PARLIAMENTARTY AND PRESIDENTAL SYSTEM

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PARLIAMENTARY system refers to form of government in which the party with greatest
representation forms the government whereby its leaders become the prime minister or
counsellor
PRESIDENTAL SYSTEM refers to a form of government in which the head of government
leads executive branch that separated from legislative branch in system that use separation
of power (federal system)