UNIVERSITY OF EMBU

SCHOOL OF LAW
Course instructor: Phoebe Oyugi
LPR 206: constitutional law practice– 45 hours

Purpose of the Course

The purpose of this course is to enhance the theoretical knowledge of learners exposed to
Constitutional Law – Theory (LPR 111) through linkages with the practical perspective based
on the application and implementation of the Constitution 2010 and other world Constitutions.

Expected Learning Outcomes

By the end of the course, learners should be able to:

1. Describe the constitutional making and review process from independence to the
Constitution of Kenya, 2010

2. Analyse the role of the constitutional independent offices and commissions in Kenya and
their impact on the wellbeing of citizens;

3. Evaluate the nature and functions of the Supreme Court of Kenya as well as appraise the
jurisprudence emerging from the decisions made in this Court in relation to other relevant
apex courts;

4. Explain objectives of devolution, function of county executive and county assembly and the
relationship between devolved governments and the National government

Course descriptions
Constitution Making: Independence Constitution, Constitutional Review and Constitutional
Referendum. Bill of Rights. Supreme Court of Kenya: Rules and Approaches to
Interpretation, Jurisdiction of Superior Courts, Constitutional Remedies, Emerging
Jurisprudence. Constitutional Independent Offices and Commissions: Constitutional
Litigation: Constitutional Interpretation and Application: Constitutional Change of Government
through Elections. Devolution: Objectives of Devolution, Relationship between Devolved
Government and National Government, Emerging Issues

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Course outline
1. Constitution Making Process
 The process of transition from the Independence Constitution to the New
Constitution
 Constitutional Review and Constitutional Referendum 

2.  Bill of Rights
 General provisions relating to the Bill of Rights
 Rights and fundamental freedoms
 Specific application of rights
 State of emergency

3. Rules and Approaches to Interpretation of the Constitution

 Holistic interpretation
 Contextual interpretation
 Article 259 of the Constitution

4. Jurisdiction of Superior Courts,

 Constitutional Remedies,
 Emerging Jurisprudence

5. Constitutional Independent Offices and Commissions

 the Kenya National Human Rights and Equality Commission;
 the National Land Commission;
 the Independent Electoral and Boundaries Commission;
 the Parliamentary Service Commission;
 the Judicial Service Commission;
 the Commission on Revenue Allocation;
 the Public Service Commission;
 the Salaries and Remuneration Commission;
 the Teachers Service Commission; and

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  the National Police Service Commission

6. Constitutional Litigation:
 Constitutional Interpretation and Application: 

7. Constitutional Change of Government through Elections. 

The powers of the supreme Court in electoral disputes
Discuss a few major electoral dispute cases

8. Devolution:
 Objectives of Devolution
 Relationship between Devolved Government and National Government 
9. Emerging Issues
The two thirds gender rule

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Core Reading Materials for the Course

1. Huscroft, G. (2010) Expounding the Constitution: Essays in Constitutional Theory,

Cambridge: Cambridge University Press,

2. Jowell, J. (2015) The Changing Constitution. Oxford University Press

3. Kiwinda, M. M. and Osogo, J. A. (2014) The New Constitutional Law of Kenya. Principles,
Government and Human Rights, LawAfrica Publishing

4. Osenfeld, M. and Sajo, A. (2013). The Oxford handbook of comparative constitutional law.
Oxford: Oxford University Press.

5. Thompson, B. (2011) Cases and Materials on Constitutional and Administrative Law.

Oxford University Press

Recommended Journals
1. International Journal of Constitutional Law, Oxford Academic

2. Law Society of Kenya Journal, ISBN 9966-7121-0-0

3. Moi University Law Journal, ISSN 1993-2553

Recommended Reference Materials

1. Dicey, A. (1959). Introduction to the Study of the Law of the Constitution. London:
Macmillan.

2. Heuston, R. F. (2011). Essays in Constitutional Law. New Delhi: Universal Law Pub.

Legislation
The Constitution of Kenya 2010