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…The cadre of judicial review under our constitutional dispensation is higher and administrative law is now hinged on Article 47 of the Constitution whose effect is to be enforced as a threat to the right to fair administrative…

…law under the common law was developed.” 14.…

…arguable case is an intellectual exercise in this fast growing area of the law and one has to consider without making any findings, the scope of the judicial review remedy sought, the grounds and the possible principles of administrative…

…law involved and not forget the ever expanding frontiers of judicial review and perhaps give an applicant his day in court instead of denying him….Although leave should not be granted as a matter of routine, where one is…

…Commission & 3 Others [2013] EKLR, the Supreme Court cited with approval an excerpt from an article by Daniel Malan Pretorius entitled, “The Origins of the Functus Officio Doctrine, with Special Reference to its Application in Administrative…

…Law” (2005) 122 SALJ 832, which reads: ...The functus officio doctrine is one of the mechanisms by means of which the law gives expression to the principle of finality.…

…Court in Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others [2014] eKLR where the court noted as follows: [263]“Legitimate expectation” is a doctrine well recognized within the realm of administrative…

…law , as is clear from the English case, In re Westminster City Council,[1986] A.C. 668 at 692(Lord Bridge): “…the courts have developed a relatively novel doctrine in public law that a duty of consultation may arise from…

…It is now an established principle of administrative law that a decision that is taken without due regard to the rules of procedurally fairness cannot be allowed to stand.…

…I have in mind particularly the possible adoption in the future of the principle of “proportionality” which is recognized in the administrative law of several of our fellow members of the European Economic Community; but…

…I have in mind particularly the possible adoption in the future of the principle of “proportionality” which is recognised in the administrative law of several of our fellow members of the European Economic Community; but…

…The principles that mandate public bodies to advertise vacancies are based on Kenya’s constitutional values and administrative law. These core principles include fairness, transparency, and equal opportunity in hiring.…

…Applicable Law The principle of exhaustion of internal review or appeal mechanisms before resorting to judicial review is a foundational doctrine in administrative law.…

…Daniel Malan Pretorius, in "The Origins of the functus officio Doctrine, with Specific Reference to its Application in Administrative Law," (2005) 122 SALJ 832, has thus explicated this concept: "The functus officio doctrine…

…The administrative actions of public officers, state organs and other administrative bodies are now subjected by article 47(1) to the principle of constitutionality rather than to the doctrine of ultra vires from which administrative…

…law under the common law was developed.” 23.…

…He submits that judicial review is a central control mechanism of administrative law by which the judiciary protects against abuse of power by public authorities such as the 1 st Respondent. 88.…

…20181 eKLR, wherein the Learned in addressing a similar issue held as follows: "However, according to Judicial Review Handbook, 6 th Edition by Michael Fordham at page 5, judicial review is a central control mechanism of administrative…

…The cadre of judicial review under our constitutional dispensation is higher, and administrative law is now hinged on Article 47 of the Constitution, whose effect is to be enforced as a threat to the right to fair administrative…

…law under the common law was developed.” 35.The importance of fair administrative action as a Constitutional right was appreciated in the South African case of President of the Republic of South Africa and Others vs.…

…Thus, in most administrative law systems, a person seeking judicial review of an administrative decision must be able to persuade the court that there are grounds for review in order for the legality of the administrative…

…The most basic rules of administrative law are first that decision makers may exercise only those powers, which are conferred on them by law and, second, that they may exercise those powers only after compliance with such…

…(see Foulkes on Administrative Law, 7th Edition by David Foulkes at page 333).…

…I have in mind particularly the possible adoption in the future of the principle of “proportionality” which is recognised in the administrative law of several of our fellow members of the European Economic Community; but…

…pension benefits, the Applicants initiated a series of legal steps seeking clarification, accountability, and enforcement of their pension rights as provided in the Pension Act, the VERS Agreement, and applicable labour and administrative…

…law principles. 12.…

…Justice Stephen Mubiru held that where a relationship is regulated by the law of contract, like in the instant Application, administrative law remedies should generally not be available.…

…This question has been discussed by David Foulkes in his book Foulkes Administrative Law, 7th Edition. Citing the case of Customs and Excise Commissioners versus J.H.…

…Daniel Malan Pretorius, in The Origins of the functus officio Doctrine, with Specific Reference to its Application in Administrative Law,” (2005) 122 SALJ 832, has thus explicated this concept: The functus officio doctrine…