FACULTY OF LAW

TAKE AWAY CONTINUOUS ASSESSMENT TEST

UNIT CODE & TITLE: CLS 124: ADMINISTRATIVE LAW

REGISTRATION NUMBER: 1048765

NAME: ELYJAH KARIUKI

The aim of administrative law is not to take away the discretionary powers of the

executive but to bring it in harmony with the rule of law discuss citing case

studies.

ANSWER

Administrative law, in the words of Jain and Jain, "deals with the structure, powers,

and functions of the organs of administration, the limits of their powers, the methods

and procedures they use to carry out their powers and functions, the method by which

their powers are controlled, as well as the legal remedies a person has against them

when his rights are violated by their operation."1

"Administrative law," in the words of K. C. Davis, "is the body of law controlling the

functions and practices of administrative agencies, particularly the law governing

judicial review of administrative action."2

It is a branch of law that deals with the legal principles governing the relationship

between the government and individuals or organizations. It aims to regulate the

exercise of discretionary powers by the executive to ensure that it is consistent with

the rule of law. The rule of law means that the exercise of government power is subject

to legal limits, and government officials must act within their legal authority.

1
Unknown A, ‘Important Definitions of Administrative Law’
<https://www.srdlawnotes.com/2019/01/important-definitions-of-administrative.html> accessed 24
February 2023
2
Fuchs RF, ‘Administrative Law, by Kenneth Culp Davis; Administrative Law, by Reginald Parker’
INDIANA LAW JOURNAL
 ADMINISTARTIVE LAW AND THE RULE OF LAW

It is a cardinal principle in the operation of Administrative Law. It provides that matters

of governance should be based on the established laws and principles but not on the

personal whims of the governors. It provides the standards against which official action

is accessed. It has its origin in the French phrase ‘la principe de legalite’. This refers to

governance based on law and not of men. Lord Edward Coke is said to be the orator

in concept when he declared that the king must be under God and Law.3

One of the key objectives of administrative law is to prevent arbitrary or capricious

actions by government officials. Under this standard, the finding of a lower court will

not be disturbed unless it has no reasonable basis, or if the judge decided without

reasonable grounds or adequate consideration of the circumstances 4. The Supreme

Court of India, in the case of State of Orissa v. Binapani Dei (1967), held that

administrative discretion must be exercised within the limits of law and not arbitrarily or

capriciously. The court emphasized that administrative authorities must act in a

manner that is just and fair, and their decisions must be based on relevant

considerations.5

Another important principles of administrative law is procedural fairness. The rule of

law requires that the law should be even handed between the citizens and the

government.

3
https://www.studocu.com/row/document/university-of-nairobi/administrative-law/administrative-law-
notes-kenya/7688805 administrative-law-notes-kenya
4
https://www.law.cornell.edu/wex/capricious#:~:text=Arbitrary%20and%20capricious%20is
%20a,adequate%20consideration%20of%20the%20circumstances.
5
State of Orissa v. Binapani Dei (1967)
 It denies the government unnecessary privileges or exemptions from ordinary law. The

rule of law is acknowledged in Article 10, which sets forth national values and ideas

that are expected to bind all state officials, public servants, and all other individuals. 6

The courts have held that administrative authorities must follow fair procedures in

making decisions that affect the rights and interests of individuals or organizations. In

the case of Maneka Gandhi v. Union of India (1978), the Supreme Court of India held

that the right to be heard is a fundamental principle of natural justice and is implicit in

the concept of rule of law.7

The principle of proportionality is also an important aspect of administrative law. The

courts have held that administrative authorities must balance the interests of the

government and the affected individuals or organizations, and the decision must be

proportionate to the objective sought to be achieved (when the government acts, the

means it chooses should be well- adapted to achieve the ends it is pursuing) 8. In the

case of Tata Cellular v. Union of India (1994), the Supreme Court of India held that the

decision-making process of administrative authorities must be rational, and the

decision must be based on relevant considerations.9

Administrative law also seeks to ensure accountability and transparency in the

exercise of government power. The courts have held that administrative authorities

must provide reasons for their decisions and must act in a manner that is accountable

to the public. In the case of Union of India v. Tulsiram Patel (1985), the Supreme Court

6
The constitution of Kenya 2010 s 10( 2)( a)
7
Maneka Gandhi v. Union of India (1978)
8
https://law.yale.edu/sites/default/files/area/conference/compadmin/
compadmin16_mathews_proportionality.pdf Proportionality Review in Administrative Law - Jud Mathews
9
Tata Cellular v. Union of India (1994)
 of India held that administrative authorities must provide reasons for their decisions to

enable judicial review10.

10
Union of India v. Tulsiram Patel (1985)
 OMBUDSMAN

The Commission on Administrative Justice, more commonly known as (Office of the

Ombudsman), is a constitutional commission established under Article 59(4) of the

Constitution11, and the Commission on Administrative Justice Act, 2011.

The mandate of Office of the Ombudsman is two-fold, and extends to both national

and county governments. Firstly, the Commission has the mandate of tackling

maladministration (improper administration) in the public sector. In this regard, the

Commission is empowered to, among other things, investigate complaints of delay,

abuse of power, unfair treatment, manifest injustice or discourtesy. Secondly, the

Commission has the mandate of overseeing and enforcing the implementation of the

Access to Information Act, 201612.

Functions of the Commission

 To investigate any conduct in state affairs both at the national government level and the

county government level.

 To investigate complains of abuse of power and other malpractices within public

administration

 To report by-annually to the national assembly on complains investigated and action

taken thereon.

 To enquire into allegations of mal-administration, delay and other administrative

injustices.

 To facilitate the setting up of and to build complaint handling capacity in the public

sector.

11
CoK 2010
12
https://www.ombudsman.go.ke/
 To recommend compensation or other appropriate remedies against persons or bodies

to which the Act applies.

 To promote ADR methods in the resolution of complaints on public administration.

 To provide advisory opinions and proposals on how to improve public administration.

 To promote and protect human rights and to perform any other functions required by the

constitution or any other written law.

In conclusion, the aim of administrative law is not to take away the discretionary

powers of the executive but to bring it in harmony with the rule of law. The courts have

held that administrative discretion must be exercised within the limits of law, and

administrative authorities must act in a manner that is just, fair, rational, and

proportionate. The principles of procedural fairness, accountability, and transparency

are also important aspects of administrative law.

1.Unknown A, ‘Important Definitions of Administrative Law’

<https://www.srdlawnotes.com/2019/01/important-definitions-of-administrative.html>

accessed 24 February 2023

2.Fuchs RF, ‘Administrative Law, by Kenneth Culp Davis; Administrative Law, by

Reginald Parker’ INDIANA LAW JOURNAL

3.https://www.studocu.com/row/document/university-of-nairobi/administrative-law/

administrative-law-notes-kenya/7688805 administrative-law-notes-kenya

4.https://www.law.cornell.edu/wex/capricious#:~:text=Arbitrary%20and%20capricious

%20is%20a,adequate%20consideration%20of%20the%20circumstances.

5.State of Orissa v. Binapani Dei (1967)

6.The constitution of Kenya 2010 s 10( 2)( a)

7.Maneka Gandhi v. Union of India (1978)

8.https://law.yale.edu/sites/default/files/area/conference/compadmin/

compadmin16_mathews_proportionality.pdf Proportionality Review in Administrative

Law - Jud Mathews

9.Tata Cellular v. Union of India (1994)

10. Union of India v. Tulsiram Patel (1985)

11. CoK 2010

12. https://www.ombudsman.go.ke/