PARKLANDS LAW SCHOOL

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COURSE OUTLINE: May- September 2024

BLAW 1203: ADMINISTRATIVE LAW
LECTURER: TITUS O. NYAKUNDI LL.B, LL.M, (MKU), Dip Laws (KSL)
Email Address: tnyakundi@mku.ac.ke

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Purpose
To appraise the learner on the role of administrative law, the norms concerned with the operations, control of
the powers of administrative authorities, its nature, significance, practice and the remedies available when
public institutions and organs exceed their powers.

Expected learning outcomes;

i. Describe special tribunals and tribunal enquiries,
ii. Distinguish the nature, meaning and functions of subsidiary legislation, judicial review, and
ombudsman and crown proceedings.
iii. Explain the principles underlying accountability of public administration;
iv. Explain the structures and functions of the principal organs of public administration;
v. Evaluate the effectiveness of public administration organs.
vi. Analyze the grounds for judicial review

Course Content
History and development of Administrative Law; nature, purpose and meaning of administrative law; scope
of administrative law; fair administration action, administrative law and democratic governance; delegated
legislation; public corporations; county government; ombudsman; tribunals; commission of inquiry, doctrine
of judicial review in a democracy; relationship between administrative law and other relevant laws,
limitations to the exercise of power; laws of natural justice, remedies in judicial review; judicial review and
appeal distinguished; grounds for judicial review; procedure for applying for judicial review.

Teaching/Learning Methodologies
Lectures; seminar discussions; tutorials; case studies; socratic; cold calling; individual and group
presentations; problem-based learning; mooting.

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Instructional Materials and Equipment
Texts, Lexis Nexis; (E)-Journals; Law Africa; development reports; hand-outs; articles; audio visual
equipment: LCD screen, projectors and laptop for power point presentations; mooting, whiteboard and
markers; microphones and speakers.

Course Assessment
A student is assessed through;
End of semester examination – 70%; Continuous Assessment Test- 30%; Total is 100%
Continuous assessment - (30%) This is administered through the following methods;
● Take away assignment
● Sit –in examination
● Oral examination
● Class participation
● Group presentations

Core Texts
Akech Migai, Administrative Law (Strathmore University Press 2016)
Singh G. P, Principles of Administrative Law (Reed Elsevier 2015)
Myneni, S. R, Administrative Law (Asia Law House 2014)

Further Reading Material

Lee Modjeska, Administrative Law Practice and Procedure (Asia Law House 2015)
Lumumba P, An Outline of Judicial Review in Kenya (UoN 1999)
Oloyude. P. O, Administrative Law in East Africa (KLB 1973)

Statutes
i. The Constitution of Kenya 2010
ii. Fair Administrative Action Act,2015
iii. Statutory Instruments Act,2013

Internet resources
i. South African Legal Information Institute http://www.saflii.org/
ii. Kenya Law Reports http://kenyalaw.org/
iii. Uganda Legal Information Institute http://www.ulii.org/
iv. Commonwealth Legal Information Institute http://www.commonlii.org/
v. World Legal information Institute http://www.worldlii.org/
vi. British Law http://www.britishlaw.org.uk/online.html
vii. British and Irish Legal information Institute http://www.bailii.org/

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COURSE CONTENT

WEEK 1:- PREFACE OF ADMINISTRATIVE LAW

Objectives of topic one: the learner to understand and distinguish administrative law from other branches of
law

Expected outcome of topic one: the student should be able to explain how administrative impact the
administration in the society.

Content:
i. Introduction
ii. Definition of Key terms
iii. Meaning of Administrative Law
iv. Principles of Administrative Law

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson called Administrative Law: Objectives, Functions &
roles. These key topics will be reviewed in particular:
 Other terms for administrative law
 Unfair labour practices brought before an administrative judge
 Judicial process

General Discussions Questions.

What is the main goal of administrative law?

Core readings/additional readings and statutes:

1. http://14.139.60.114:8080/jspui/bitstream/123456789/738/15/Administrative%20Law.pdf pages 1-16

2. https://www.lawyersnjurists.com/article/explain-the-nature-and-scopes-of-administrative-law-and-distinguish-it-from-constitutional-
law/
3. http://www5.austlii.edu.au/au/journals/AdminRw/2000/3.pdf

WEEK 2:- DEVELOPMENT OF ADMINISTRATIVE LAW

Objectives of topic two: to understand the history of administrative law.

Expected outcome of topic two: the learner to appreciate how administrative law has evolved in the country.

Content:

a. Historical Development of Administrative Law

b. Pre – Colonization, Traditional Systems of Administration
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Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review

General Discussions Questions.

How has administrative law developed in Kenya since pre-colonial time?

Core readings/additional readings and statutes:

1. Case law:
The case against the British government; High Court of Justice in London in 2008

2. Reference: Administrative Law, 6th edition, Paul Craig, Thomson, sweet & Maxell Pg 3 & Pg 47

3. Internet sources:
a. Notes On Administrative Law: French And English Experience, Fasil Abebefile:///C:/Users/hp/Downloads/145494-Article
%20Text-384749-1-10-20161009%20(2).pdf
b. Historical development of administrative law in kenya
-file:///C:/Users/hp/Downloads/Administrative_law_Notes_Kenya.pdf
c. Historical background of administrative law in kenya:http://learnlawke.blogspot.com/2013/06/administrative-law_9911.html
d. https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=3979&context=ndlr
e. https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?referer=https://www.google.com/
&httpsredir=1&article=2503&context=ylj

WEEK 3: FOUNDATION OF ADMINISTRATIVE LAW

Objectives of topic three: the learner to understand key principles of administrative law.

Expected outcome of topic three: the student should be able to explain major principles of administrative
law.

Content:

i. Natural Justice
ii. Rule of Law
iii. Separation of Powers

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the key principles of administrative law.

General Discussions Questions.

Discuss the application of the key principles of administrative law in Kenya.

Core readings/additional readings and statutes:

1. Case Law
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 a. Council of Governors & Others - Vs-The Senate, The National Assembly, The Senators of the 47 Counties, The
Speakers of the 47 Counties Attorney General, commission on the Implementation of the Constitution Petition No
381 Of 2014 (As Consolidated With Petition No 430 Of 2014)
b. Nancy Makhoha Baraza v Judicial Service Commission & 9 Others [2012] eKLR Rule of Natural Justice
c. In The Matter of the Independence of Constitutional Commissions and Independent Offices Between The Judicial
Service Commission, & Speaker of The National Assembly, Attorney General,, & Others & Commission on
Administrative Justice
d. President of The Republic of South Africa & Others v South Africa Rugb Football Union & Others, (CCT 16/98)
[1998] ZACC 21(scope of administrative action )

2. Reference
a. Constitutional and Administrative Law, A.W Bradley & K.D Edwing, 15 th edition, University of Oxford,
Longman, 2011 Pg 145
b. Administrative Law, 6th edition, Paul Craig, Thomson, sweet & Maxell Pg 3

3. Internet sources:
a. Rule of law and doctrine of separation of powers:
https://hvtc.edu.vn/Portals/0/files/635811918289895863%5BJohn_Alder%5D_General_Principles_of_Constitutional_(BookFi.org)
(1).pdf page 92-111
b. Rule of law: file:///C:/Users/hp/Downloads/Administrative_law_Notes_Kenya%20(1).pdf pages 2-12
c. Natural justice: https://www.academia.edu/9109197/Administrative_Law_in_Kenya

WEEK 4: CONSTITUTIONAL CONTEXT

Objectives of topic four: the learner to understand how the constitution of Kenya, 2010 enforces
administrative principles.

Expected outcome of topic four: the student should be able to explain the application of administrative law
under the Kenyan constitution.

Content:
a. constitution of Kenya 2010 (Administrative principles)
b. Relationship between Administrative Law & Constitutional Law other Law

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson

General Discussions Questions.

How has the constitution of Kenya, 2010 impacted on administrative agencies in the country?

Core readings/additional readings and statutes:

1. Case law
a. Prof. Daniel N. Mugendi v Kenyatta University & Others Nairobi Civil Appeal No. 6 of 2012
b. Hon. Martin Nyaga Wambora & Others v The Speaker of the Senate & Others-Kerugoya HC Petition No. 3 of
2014 (Unreported).
c. United States International University (USIU) v Attorney General & 2 Others [2012] eKLR

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 2. Reference;
a. Constitution of Kenya 2010, 1964 & 1984
b. Fair Administration Action Act

3. Internet sources:

a. file:///C:/Users/hp/Downloads/71-Article%20Text-590-1-10-20170227%20(2).pdf
b. http://www.iconnectblog.com/2017/11/developments-in-kenyan-constitutional-law-the-year-2016-in-review/
c. https://web.law.columbia.edu/sites/default/files/microsites/constitutional-governance/files/Ordinary-Administrative-Law-as-
Constitutional-Common-Law.pdf

WEEK 5: CAT 1

CAT 1-Problem Question(s)-To be submitted within 24 hours through the university portal

WEEK 6: THE CIVIL SERVICE EQUATION

Objectives of topic six: the learner to be familiar with the structure of civil service in Kenya.

Expected outcome of topic six: the student should be able to explain how administrative impact the
administration in the society.

Content:
a. The origin of civil service in Kenya
b. The Organs of Control : the President, Cabinet Secretaries & Civil Servants,
c. The Public Service Commission, the Principal Secretaries and other Ministerial Staff,
County Government: Local governance and democracy, functions, powers and finances.

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson

General Discussions Questions.

Discuss the various organs of control of civil services in Kenya.

Core readings/additional readings and statutes:

1. Case law

a. The County Government Of Nyeri And Cecilia Wangechi Ndungu Civil Appeal No. 2 Of 2015
b. Peter Baiye Gichohi & Others –Vs- The Hon. Attorney General of The Republic Of Kenya Nakuru High Court
Civil Suit No. 395 Of 2001

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 2. Reference:
Bureaucracy & Public Administration, Jajeshwar Trikha, ABD Publishers, Jaipur, India, 2009 Pg 75
& 149

3. Internet sources:

a. https://www.publicservice.go.ke/images/guidlines/Draft_Guidelines_For_Career_Management_in_the_Civil_Service.pdf
b. https://www.publicservice.go.ke/index.php/homepage/history
c. http://www.commonlii.org/ke/other/KECKRC/2001/19.html
d. http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/PublicServiceCommissionAct2017.pdf

WEEK 7: SYNOPSIS OF PUBLIC CORPORATIONS

Objectives of topic Seven: the learner to understand the working of public corporations

Expected outcome of topic Seven: the student should be able to explain how public corporation are created
and controlled.

Content:

i. Types of corporations
ii. Legal status
iii. Objectives, functions and characteristics of public corporations
iv. Control of public corporations

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson

General Discussions Questions.

Discuss the operation of public corporations in Kenya

Core readings/additional readings and statutes:

1. Case Law
a. Ajay Sethi Of Channel 2 Group – Vs-The Kenya Broadcasting Corporation (Kbc)
b. Satrose Ayuma& Others Vs The Registered Trustees Of The Kenya Railways Staff Retirement Benefits
Scheme. Petition No.65 Of 2010

2. Reference:
a. Administrative Law in East Africa, P.O Oluyede, Kenya Literature Bureau, 2006 Pg 139
b. Administrative Law, H.W.R. wade & L.F. Forsy H. Pg 119

3. Internet sources:
a. http://erepository.uonbi.ac.ke/bitstream/handle/11295/71381/Kamau_Corporate%20governance%20in%20Kenya
%E2%80%99s%20state%20corporations%3A%20a%20critique%20on%20the%20appointment%20and%20dismissal%20of
%20directors%20of%20boards%20of%20state%20corporations.pdf?sequence=4&isAllowed=y

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 b. http://extwprlegs1.fao.org/docs/pdf/ken106439.pdf
c. https://suplus.strathmore.edu/bitstream/handle/11071/5207/Corporate%20governance%20for%20state%20corporations.pdf?
sequence=1
d. file:///C:/Users/hp/Downloads/The_State_Corporations_Act.pdf

WEEK 8: TRIBUNALS LANDSCAPE

Objectives of topic eight: the learner to understand legal status and operation of tribunals in Kenya

Expected outcome of topic eight: the student should be able to explain the rational for creating tribunal and
their operations

Content:
i. Functions, nature and reasons for their creation
ii. Tribunal procedure rules.
iii. Tribunal enquiries: background, practice and procedure Safeguards

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson

General Discussions Questions.

Discuss the process of filling and hearing claims in the tribunal.

Core readings/additional readings and statutes:

1. Case Law
a. Rent Tribunal: An Application By Simon Ngure Ngatia For Judicial Review. A decision of the chairman of the
rent restriction tribunal sitting at Mombasa on 16th September 2013 -vs- the Rent Restriction Tribunal Simon
Ngure Ngatia , Mercy Rucha
b. Paragon Property Consultants: Zimmerman Landlord on The Spot For Neglecting Flat
c. National Environmental Tribunal :
South Coast Residence Asociation vs NEMA & China road and bridge corporation Tribunal Appeal No. NET
152/2015

2. Reference:
a. Administrative Law, 6th edition, Paul Craig, Thomson, sweet & Maxell Pg 257
b. Foulkes, Administrative Law, 7th edition, Butterworths, 1990 Pg 131
c. Bailey, Jones & Mowbray Cases, materials & commentaries on Administrative Law, 4th edition, S.H.
3. Internet sources:
1. http://www.klrc.go.ke/images/reports/Tribunals-Review-Final-KLRC.pdf
2. http://kmco.co.ke/wp-content/uploads/2019/05/Presentation-Tribunals-within-the-Justice-System-in-Kenya-Integrating-
Alternative-Dispute-Resolution-in-Conflict-Management-Kariuki-Muigua-23rd-May-2019.pdf
3. http://www.industrialization.go.ke/images/downloads/policies/Standards-Tribunal-Practice-and-Procedure-Rules-2012.pdf

WEEK 9: - COMMISSIONS OF INQUIRIES

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Objectives of topic nine: the learner to understand the setting and operation of tribunaals.

Expected outcome of topic nine: the student should be able to explain how administrative impact the
administration in the society.

Content:

i. Purpose for establishing commissions of inquiry

ii. Classifications of Commissions of Inquiry
iii. Practice and Procedure
iv. Examples of Commissions of Inquiry

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson

General Discussions Questions.

Distinguish between a tribunal and a commission of inquiry.

Core readings/additional readings and statutes:

1. Case law
a. Akiwumi Commission of Inquiry into Tribal Clashes 1999
b. Dr. John Robert Ouko (31 March 1931 – c. 13 February 1990)
c. Josiah Mwangi Kariuki (21 March 1929 – 2 March 1975)

2. Reference:
a. Constitutional & Administrative Law, texts with materials, David Pollard, NellParpworth & David
Hunges, 4th edition, Oxford University Press
b. Garner’s Administrative Law, 8th edition, B.L Jones & K. Thomsom, Butterworths, Oxford University
Press, 2006 Pg 427
3. Internet sources:
a. http://www.publications.gov.sk.ca/freelaw/Publications_Centre/Justice/Stonechild/part3.pdf
b. https://www.africog.org/reports/Commissionsofinquirypaper.pdf
c. file:///C:/Users/hp/Downloads/simiyu_ezra.pdf
d. file:///C:/Users/hp/Downloads/CommissionsOfInquiryAct11of1962.pdf

WEEK 10: -AUSPICE OF DEVOLUTION

Objectives of topic ten: the learner to understand constitutional

Expected outcome of topic ten: the student should be able to explain how administrative impact the
administration in the society.

Content:

i. Structure of County Government –vis- Local Government

ii. Functions of County Government
iii. Administrative & Governance units
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Relationship with National Government

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson

General Discussions Questions.

Elaborate on the strengths and weaknesses of the county government structure in Kenya

Core readings/additional readings and statutes:

1. Case Law
a. The Council of County Governors Versus The Attorney General , Kenya National Highways Authority & others
Petition No.472 of 2014
b. Robert N. Gakuru & Others Vs The Governor Kiambu County, Deputy Governor Kiambu County, The Executive
Committee Kiambu County, The Hon Attorney General Petition No. 532 of 2013 Consolidated
c. County Government of Busia The Governor Busia County Vs Julius Orina Manwari Petition No. 2 of 2014
2. Reference:
a. County Government Act 2012
b. Constitution of Kenya 2010

3. Internet sources:
a. http://www.parliament.go.ke/sites/default/files/2017-05/CountyGovernmentsAct_No17of2012_1.pdf
b. https://library.fes.de/pdf-files/bueros/kenia/09856.pdf
c. https://www.eisa.org.za/pdf/eh2013ken.pdf

WEEK 11: - DELEGATED / SUBSIDIARY LEGISLATION

Objectives of topic twelve: the learner to

Expected outcome of topic twelve: the student should be able to explain how administrative impact the
administration in the society.

Content:

a. History, form and rationale

b. Meaning and reasons for delegated / subsidiary legislations
c. Doctrine of ultra vires and its implications
d. Control of delegated / subsidiary legislation

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson

General Discussions Questions.

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Elaborate of the mechanism for control of delegated legislation in Kenya

Core readings/additional readings and statutes:

1. Case Law

a. John Moses Opiyo vs Attorney General, Kisumu HC Misc Civil Application No 175 of 2006
b. In the matter of legal notice no. 75 of 2014 (the national transport and safety authority (operation of public
service vehicles) (amendment) regulations, 2014) in the matter of a judicial review application by: republic- vs
the national transport & safety authority
c. The Republic vs. The President & Others ex parte Dr. Wilfrida Itondolo & Others [2014] eKLR

Reference:
a. Administrative Law, 4th edition, Beatson, Matthews & Elliots, Oxford University Press, 2011 Pg 621
b. Garner’s Administrative Law, 8th edition, B.L Jones & K. Thomsom, Butterworths, Oxford Univ Press,
2006 Pg 72

Internet sources:
a. https://www.lawnn.com/delegated-legislation-definition-reasons-for-growth-classification/
b. http://14.139.60.114:8080/jspui/bitstream/123456789/15517/9/Chapter%20V_Control%20of%20Delegated%20Legislation
%20%28282-366%29.pdf pages 282-291
c. https://www.hellenicparliament.gr/en/Koinovouleftikos-Elenchos/Mesa-Koinovouleutikou-Elegxou

WEEK 12: - CAT 2

CAT Two (Problem question answered in form of Essay. To be submitted within one week through
the university portal

WEEK 13: THE OMBUDSMAN

Objectives of topic thirteen: the learner to appreciate how ombudsman is set up and operates in Kenya.

Expected outcome of topic thirteen: the student should be able to explain the operation of ombudsman in
Kenya

Content:
i. The general characteristics of an ombudsman
ii. Role, mandate & functions of the Ombudsman
iii. Procedure for filing a complaint

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson

General Discussions Questions.

Discuss the role of an ombudsman on the democratic governance of a country.

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Core readings/additional readings and statutes:

1. Case Law
a. Investigation report by the National Commission on Administrative of Justice on the alleged irregular
allocation of Eastleigh market to private developers. August 2016
b. Judicial Service Commission vs Gladys Boss Shollei ; Commission On Administrative Justice Civil Appeal No.
50 Of 2014
c. An Investigation Report On The Acquisition Of The Langata Road Primary School Playground, Nairobi July
2015

2. Reference:
Administrative Law, 7th edition, Peter Leyland, Gordon Antony, Oxford University Press, 2009 Pg
125

3. Internet sources:
a. http://renaissancelawcollege.com/wp-content/uploads/2015/04/Administrative-Law-SC.pdf
b. https://www.afrocave.com/office-of-the-ombudsman-in-kenya/
c. file:///C:/Users/hp/Downloads/Securing%20the%20Ombudsman%20as%20An%20Instrument-Second%20Colloquium%20Report.pdf

WEEK 14/15: - JUDICIAL REVIEW OF ADMINISTRATIVE ACTION

Objectives of topic one: the learner to appreciate the role of judicially in fair administration

Expected outcome of topic one: the student should be able to advice a citizen the remedies available
wherever civil rights are violated.

Content:
i. Meaning and exercise of judicial review
ii. Grounds for judicial review
iii. Remedies for judicial review: Quo warranto, certiorari, prohibition and mandamus.

Activities: At the end of each sub-topic there will be a discussion question, problem question or case to test
the student’s understanding of the sub-topic.

At the end of the chapter the tutor will review the lesson
General Discussions Questions.
Discuss the grounds for judicial review in kenya.

Core readings/additional readings and statutes:

1. Case law
a. Pastoli v.Kabale District Local Government Council and Others [2008] 2 EA 300
b. Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001

2. Reference:
a. Bailey, Jones & Mowbray Cases, materials & commentaries on Administrative Law, 4 th edition, S.H. Bailey,
Sweet & Maxwell, Thomson Reuters Pg 525
b. Administrative Law, 6th edition, Paul Craig, Thomson, sweet & Maxell Pg 371 Pg 827
3. Internet sources;
a. http://kenyalaw.org/kenyalawblog/grounds-for-judicial-review-in-kenya/
b. http://kenyalaw.org/kenyalawblog/the-constitution-of-kenya-2010-and-judicial-review-odumbe-case/
c. http://lsk.or.ke/Downloads/Elisha%20Ongoya%20-%20Judicial%20Review.pdf
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 d. https://www.academia.edu/31071735/Administrative_Law_Notes

Consultation Friday at 9.ooam to 6.p.m

WEEK 16/17: EXAMINATIONS

TITUS NYAKUNDI ........................................................................Date....................................................

LECTURER

ROSEMARY KIMATHI
HEAD OF DEPARTMENT...........................................................Date...................................................

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