PUBLIC SERVICE COMMISSION
ADMINISTRATIVE OFFICERS’ EXAMINATION
APRIL, 2024
PAPER CODE: 101
LAW
DATE: TUESDAY 23RD APRIL, 2024
TIME: 9.00 A.M. – 12.00 P.M. (3 HOURS)
INSTRUCTIONS TO CANDIDATES:
1. This paper consists of two sections A and B
2. Section A consists of one compulsory question carrying 40 marks
3. Section B consists of four questions each carrying 20 marks. Answer any
three questions.
4. Answers all the questions in the answer booklet provided.
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SECTION A: COMPULSORY (40 MARKS)
1. Read the case study below and answer the questions that follow:
ORGANIZED CRIMINAL GANGS IN MKUNGENZI SUB-COUNTY
Mkungenzi Sub-county is in one of the counties in the Republic of Kenya. The Sub-county is
within Mpoa County. The Deputy County Commissioner of Mkungenzi undertook a major
sensitization of the National Government Administrative Officers in the area on the
importance of youth getting organized and forming self- help groups. This was to enable
them access loan facilities and tame them from forming organized criminal gangs. The
Deputy County Commissioner was also addressing the unemployment problem and increased
criminal acts within the Sub-county. Lastly, the Deputy County Commissioner was of the
view that it will be easier to manage disputes in a more organized set up than the general
court process.
Previously, Mkungenzi was in the media over the increase of femicide cases. Young girls had
been lured by men into their homes and after a few days of disappearances, their bodies
discovered either in their respective homes or hidden in bushes. According to investigations,
the incidences had been linked to the organized youth gangs and unemployment in the area.
The incidences had sparked a lot of raw in Mkungenzi and the residents had threatened to
take the law into their hands demanding proper security initiatives to protect them from the
effects of the unemployed youth. The residents had been on the streets complaining of
inaction by the National Government Administrative Officers in the Sub-county.
One major complaint had been lack of action by some of the Assistant County
Commissioners and particularly Mr. Mapenzi based at Karibu Division. According to the
residents, Mr. Mapenzi who despite being asked to call for a baraza to discuss the challenges
of youth unemployment and the proposed mitigation measures by the Deputy County
Commissioner had failed to do so. According to the residents, Mr. Mapenzi has been coming
to the office late and in a drunk and disorderly manner. In addition, he has been a bad
example to the youth. In this regard, the residents have been calling for his removal from
Karibu Division. They believe that the rise in insecurity and the femicide cases have been
contributed by the failure of Mr. Mapenzi in discharging his duties as the Assistant County
Commissioner. They also believe that the policies of the youth forming self-help groups have
not been implemented in the division due to lack of sensitization forums which ought to be
spearheaded by Mr. Mapenzi.
The plight of the residents came to the attention of the Deputy County Commissioner of
Mkungenzi and through the advice of the County Human Resource Advisory Committee
(CHRAC) of Mpoa; Mr. Mapenzi was suspended from duty and his case was referred to the
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Ministerial Human Resource Management Committee (MHRAC) for ratification and
forwarding to the relevant Constitutional Commission for summarily dismissal. His
suspension was on account of gross misconduct for failure to abide by the Code of Conduct
and Ethics for Public Servants. Mr. Mapenzi when receiving the suspension letter tried to
approach Mr. Mdosi the County Commissioner of Mpoa in his capacity as the chairperson of
CHRAC for a mediation session. Mr. Mapenzi thought that he could discuss some of the
challenges he faced while executing his duties but Mr. Mdosi refused to give him any
chance. According to Mr. Mdosi, the security and wellbeing of the residents was more
important than the employment of Mr. Mapenzi. Aggrieved by the decision and the failure to
give mediation a chance, Mr. Mapenzi has approached you a fellow Assistant County
Commissioner deployed in another Division in Mkungenzi for advice. Further, he has
decided to report to the Office of the Ombudsman on the manner in which he was suspended
with the hope that the office will act on his complaint.
Required:
a) Explain to Mr. Mapenzi four actions that should have been taken by the County Human
Resource Advisory Committee of Mpoa so as not to adversely affect his rights and
fundamental freedoms. (8 Marks)
b) Mr. Mapenzi had decided to give mediation a chance by requesting the County
Commissioner to allow mediation process. Analyze five benefits of mediation process
which he would have enjoyed. (10 Marks)
c) Mr. Mapenzi decided to report the matter to the Office of the Ombudsman. Assess five
functions of the Office of the Ombudsman that provoked Mr. Mapenzi’s action.
(10 Marks)
d) The Deputy County Commissioner of Mkungenzi was of the view that it would be easier
to manage disputes in a more organized set up than the general court process, when
youths form self-help groups. As one of the Assistant County Commissioners in
Mkungenzi, examine six advantages of setting up adjudication agencies rather than the
courts for dispute resolution. (12 Marks)
SECTION B: ANSWER ANY THREE QUESTIONS (60 MARKS)
2. a) The youth in Mkuu Division have been dealing with daily arrests by police officers.
However, upon arraignment they have been acquitted on first appearance based on some
criminal defenses. The residents have approached you as the area Assistant County
Commissioner for advice on possible defenses to crime that the youth could have been
advancing. Analyze six defenses that will form part of your advice.
(12 Marks)
b) Families in Kiroro Division where you serve as the Assistant County Commissioner have
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been undergoing separation. Though most of them have registered their marriages, they do
not know the main grounds for seeking divorce and have sought your advice. Explain to them
four grounds for divorce in Kenya. (8 Marks)
3. a) You have recently been deployed to Kuel Division as the Assistant County Commissioner,
an area which has been on the media over lawlessness. You intend to sensitize the residents
on legal principles of law one of which is the classification of law. Highlight four
classifications of law that will form part of your speech. (8 Marks)
b) You are the Assistant County Commissioner of Kwetu Division where boda boda riders
intend to get into contracts with other parties to manage their businesses on the agency
principle. They have sought your advice on this model of doing business. Advise them on six
types of agents relevant to their business. (12 Marks)
4. a) Residents of Miti Mingi Division intend to form a corporation so that they can access
some funds for climate change initiatives. They have approached you as the area Assistant
County Commissioner to give them some insights on the formation of a corporation. Explain
to them four features of a corporation that they should be aware of before forming it.
(8 Marks)
b) A group of women in Mwaa Division where you are the Assistant County Commissioner
have been advised by an advocate to buy solar panels through hire purchase agreements.
However, they do not understand this type of arrangement and have sought your advice.
Explain to them six requirements of hire purchase agreements they should know before
executing the purchase. (12 Marks)
5. a) You are the Assistant County Commissioner of Kikwetu Division where residents have
had challenges related to succession issues. They do not understand the requirements of a
valid marriage in order to determine who a spouse is and have sought your advice. Advise
them on four requirements of a valid marriage in Kenya. (8 Marks)
b) A group of women in your area of jurisdiction intend to formalize their chicken rearing
business. Some of them have been advised to register a company while some feel that a
partnership would be a better business model. They have sought your advice on the
differences between a company and a partnership in order to make an informed decision.
Explain to them six such differences. (12 Marks)
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