Comparison between Kenya’s jurisdiction and other jurisdictions regarding rule making and

adjudication across the executive ,legislature and Judiciary.

Administrative agencies need to make rules, apply rules and adjudicate disputes or complaints if
they are to discharge their mandates fairly, accountably and efficiently.
The process of rule making varies across various jurisdictions where both the executive and
legislature performs more than one type of regulatory function. All the three basic government
functions ; Rule making , Adjudication and execution are performed by regulatory agencies
which are part of the Executive. The regulatory functions of the executive branch are subjected
to review by the Judicial branch.
The regulatory role of the Judiciary is carried out by interpreting laws and regulations as well as
by settling and amending legal standards for behaviour in markets through Precedents.
In comparing the jurisdictions we will have to discuss the Executive, legislature and the Judiciary
as well.
The process of Rule making and adjudication varied across various jurisdictions in the legislative,
Executive and Judicial branches of the Government.
Administrative agencies have therefore to make rules, apply rules and adjudicate disputes or
complaints if they are to discharge their mandates fairly, accountably and efficiently.
Executive
The executive branch in Kenya is headed by the President who has the law making powers of
the executive. All the Executive powers are vested on the President .The Kenyan system exhibits
a fusion of these functions within administrative processes. The President holds executive
authority, appointing Cabinet Secretaries who also serve as Members of Parliament, blurring the
lines between the executive and legislative branches. Other jurisdictions have the executive
powers vested on the Prime minister and therefore making the Prime minister to have the Law
making authorities.
Similar to Kenya, South Africa has a more fused system, especially in administrative law.
Administrative bodies exercise functions across the legislative, executive, and judicial domains,
with judicial review serving as a check on their actions.
In the UK ,the ruling party controls the parliament since policy disputes tends to be solved in
parliament
In the US ,the executive agencies should resolve disputes surrounding rule making by acting in
the interest of the public. The laws should also be made free from political interference. There is
also public participation in the making of laws to ensure the public influence rule making and
ensures its democratic legitimation. The United States maintains a stronger separation of
powers. While there's interplay among branches, they are more distinctly defined.
Administrative agencies issue regulations under laws passed by Congress. The President
appoints agency heads, but these appointments require Senate confirmation.
China's system combines elements of fusion and separation. The Communist Party,
predominantly the Politburo Standing Committee, holds significant power in both the executive
and legislative arenas. The judiciary, although theoretically independent, faces pressures from
the Party, impacting its autonomy.
France, under its civil law tradition, features a more centralized system where the executive
branch has a significant role in rule-making. However, there's also a form of judicial review by
administrative courts that ensures the legality of administrative actions. In Germany, there's a
clear separation of powers, but administrative agencies have significant powers to make rules
and decisions. The administrative courts have the authority to review administrative actions to
ensure they comply with the law.
Legislature.
The legislative arm of Government also has a role in law making in Kenya. Kenya has a bicameral
parliament consisting of the National Assembly and the Senate both having the powers to make
laws. They however, have to follow all the steps required including obtaining the public views on
the laws that they make. Various jurisdictions also have a bicameral parliament while others
have a unicameral parliament consisting of only one house. One common thing about all the
two types of parliament is that both of them have legislative law making authorities which have
to follow a well laid out process that ensures inclusivity, accountability and Fairness.
The UK also showcases a fusion but in a different manner. The executive power is concentrated
within the Prime Minister and the Cabinet. The Parliament passes laws, but executive agencies
create detailed regulations to implement these laws. In the UK there are the following principles
in making laws
1. The subordinate legislation has to be placed before parliament for parliament to be
informed of its existence and contents
2. An affirmative vote must be obtained
3. The legislation is passed only if there is no objection.
4. There must be public participation or public inquiry in the process of making the laws.
Within the EU, legislative, executive, and judicial functions interact extensively. The European
Commission proposes legislation, similar to an executive function, which is then reviewed and
amended by the Parliament and Council.
Judiciary
The Judiciary in Kenya operated independently and it upholds the rule of law. Additionally,
Kenya's judiciary oversees administrative law, which involves reviewing decisions made by
administrative bodies, contributing to a certain degree of interdependence among these
branches. There is an increased Judicialization of tribunals provided by parliament for
adjudication which have been part of the Judicial arm of government.
Judicial review in the UK is also distinct, where the courts interpret laws and ensure
administrative actions are lawful.

In US the Administrative Procedure Act governs the process of Adjudication where there is bot
formal and informal adjudication .Judicial review of administrative actions is an independent
function of the judiciary, ensuring a check on both legislative and executive actions.
Administrative law judges are not judges under article III of the Constitution of US. Where an
agency proposes to make rules in US at federal level the Administrative procedure Act requires
it to give a notice of the proposal in the Federal register inviting interested parties to give their
views on the proposed rules.
The Court of Justice of the European Union has the power to review the legality of EU acts and
decisions made by EU institutions.

In summary, while the fusion of legislative, executive, and judicial functions exists across various
jurisdictions, the degree and specific mechanisms of fusion differ significantly, influenced by
each country's constitutional framework, legal traditions, and political systems.

Similarities .
In both jurisdiction ,the independence of tribunals from the departments they work for is
achieved .
Both grant the tribunal judges and Administrative law judges security of tenure.
Most of the Jurisdictions follow the principle of separation of powers among different branches
of the Government.
In Both, the Judiciary is independent and upholds the rule of law.
In Both jurisdictions, both of the branches of government have law making and adjudication
powers vested in them either by statutes or the Constitution
There are also slight differences in the jurisdictions. This is due to the fact that the Constitution
and laws vary among different countries causing differences in rule making and adjudication
process.
Lessons from the jurisdictions.
There is need to have adaptive mechanisms to improve government structures and to develop
law making mechanisms that adapt to the daily changes in the states .
There is need to politicize rule making process to ensure sufficient public participation and
public inquiries.
There is need to establish checks and balances in order for the administrative agencies to make
laws effectively and enhance accountability.
There should be Judicial oversight of rule making and adjudication .The tribunals should be
granted Independence from the executive to ensure fairness in the performance of their duties.
There is need to prohibit combination of functions and need to encourage every branch of the
government to perform its functions effectively.