Day: September 17, 2020

These are bodies established by Acts of parliament to exercise judicial or quasi-judicial functions. Tribunals supplement ordinary courts in the administration of justice. All tribunals are governed by the principals of natural justice i.e. a) Person shall be condemned unheard Read More …

These are methods of dispute resolution out of court and include: Arbitration, mediation, negotiation etc. ARBITRATION This is an out of court method of settlement of civil disputes by arbitral tribunals which make arbitral awards as opposed to judgments. The Read More …

The principle of independence of the judiciary is an integral part of the doctrine of separation of powers. It means that: i. There should be a distinct organ of government whose function is to administer justice ii. The organ must Read More …

The so called doctrine of separation of powers is a legal framework developed by a French jurist named Montesquieu whose concern to contain the over-concentration of governmental powers in the hands of one person or a body. This doctrine is Read More …

The doctrine of ultra viresis a legal doctrine. In the English Legal System judicial control of administrative agencies is based on the doctrine of ultra vires. This is the doctrine on the basis of which the courts will interfere or Read More …

Administrative Law can be defined as the law relating to public administration. It is the law relating to the performance, management and execution of public affairs and duties. Administrative law is concerned with the way in which the Government carries Read More …

Since statutes are drafted by experts who use legal terminologies and sentences which may be interpreted by different persons, it becomes necessary to construe or interpret statutes. Traditionally, statutory interpretation has been justified on the premises that it was necessary Read More …

Unwritten sources of law apply subject to the written sources. Written sources prevail over unwritten sources in the event of any conflicts. This is primarily because unwritten law is generally made by a supreme law-making body. These sources include: 1. Read More …

Although Section 30 of the Constitution rests the legislative power of the republic in parliament, parliament delegates its legislative power to other persons and bodies. Delegated legislation is also referred to as subsidiary (subordinate legislation). It is Law made by Read More …

STATUTES OF GENERAL APPLICATION Kenyan Law does not define the phrase “Statutes of General Application”. However, the phrase is used to describe certain Statutes enacted by the UK parliament to regulate the inhabitants of UK generally. These Statutes are recognized Read More …