CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA)

Mission Statement: Inspired by Jesus’ words; Consecrate them in the truth (Jn: 17:17

THE FACULTY OF LAW

LLB PROGRAMME TUESDAYS 2:00AM – 5:00PM TRISEMESTER

COURSE INSTRUCTOR: MISS DENISE MTANA

COURSE CODE: CLS 124

COURSE TITLE: ADMINISTRATIVE LAW

CREDIT FACTORS (CFS): 3.0

Purpose of the Course:

To appraise the learner of the administrate norms concerned with the operation and control of the powers
of administrative authorities with an emphasis on function rather than on structure and also to equip the
learner with the body of legal principles which concerns the rights and duties arising from the impact
upon the individuals of actual functioning of the executive instruments of government.

Expected Learning Outcomes

At the end of the course the learner should be able to:

1. Describe the nature and scope of administrative law

2. Explain the role of special tribunals and commissions of inquiry
3. Demonstrate knowledge of the nature, meaning, control and functions of subsidiary legislation, role
of judicial review, the ombudsman and proceedings against government.
4. Describe the application of Administrative law in East Africa.

Course Content:

Development of the administrative law in Kenya in the East African Region, rule of law and theory of
separation powers, principles of natural justice, delegated legislation, judicial control, remedies and
adjudication of administrative agencies; devolved government structure, powers, duties, liabilities and
regulations; legal and institutional frameworks, powers and duties of administrative agencies/quasi-
judicial bodies

COURSE OUTLINE
Weeks Detailed course descriptions

Weeks Detailed course descriptions Learning Activities Assessment

Week 1 Development of the administrative law Introduction and

interaction by lecturer
 Definition of admin law
 Categories/functions of admin law
 Nature & scope
 Importance/relevance
 The Kenyan perspective
 East African Region perspective
Week 2 The Rule of law Class discussion & Entick v Carrington
interactions lead by (1765)
 Introduction lecturer class presentation
 The concept of rule of law Ubi jus ubi
 Ruleof law – Diceys &lord Edward remedium.
concept
 Rule of law – 2010 Constitution
Week 3 Separation of powers. Presentation by lecturer

 Theory of separation : Baron

Montesque formulation
 Elements of separation of powers
 Separation of powers in the
repealed and current constitution
 Separation of powers in the
government
Week 4 Natural justice Brief introduction by Seek to understand
lecturer & Students nemo judex in causa
 Introduction to principles of interaction sua.
natural justice
 Purposes of the principles Art 47 , Art 50 of the
 Rule against bias Constitution
 Types of bias
 Exceptions to the rules The ombudsman
 Audi alteram partem
 Contents of audi alteram partem
 Exceptions to the rule
Week 5 Delegated legislation Lecturer presentation and
designated group
 Introduction History of delegated
 Reasons/purpose of delegated Legislative control DL legislation in Kenya
legislation
 The process towards DL  Supervision of the Allingham v minister
 Advantages /disadvantages of powers by the of agriculture and
delegated legislation legislature fisheries
 Delegates non protest delegare  The procedure,
Judicial control of DL the reasons
& extent of powers
 Operational doctrine
 Patent Act & constitutionality
Week 6 Remedies and adjudication of Students lecturer Case: court of appeal
administrative agencies; interactions at Nairobi, civil
 Judicial Review. Appeal No.307 of
 Introduction 2012 (2013)eKLR
 Legal basis for JR of
administrative actions in Kenya
 Constitutional basis for JR actions
in Kenya
 Statutory basis of JR remedies in
Kenya
 The common law basis

Week 7 CAT 1 (Group presentations as

guided by the lecturer)

Week 8  Determination of JR review Power point presentations Read in prior by

applications students for class
 Grounds for JR discussion.
 Remedies in JR
 Private law remedies
 Public law remedies
Week 9 Administrative agencies/quasi-judicial Lecturer / designated Look at the county
bodies students government Act
2012,
 Introduction
 powers and duties of The constitution of
administrative agencies Kenya,2010
 adjudication of administrative
agencies
 remedies of administrative
agencies
Week 10 Devolved government : structure, powers & Activities related
duties, liabilities and regulations challenges by students

 Introduction
  History of devolution in Kenya
 Principles & objects of devolution
 Structure of devolved government
 Powers, duties & liabilities

Week 11 CAT 2 :(Instructions at the assessment form Students (Assignments / Questions Out of 15
on take away) presentations- guided by
lecturer

Week 12 Legal and institutional frameworks of the Lecturer & Students

devolved government interaction

Week 13 Revision & Discussions. Engagement of both Questions/

(Previous covered class content) students & lecturer Clarification and
general examination
conduct/expectations

Week 14 Exams Students Out of 70% ( Main

exams)

Week 15 Exams Students Out of 70% (Main

exam)

Teaching/ Learning Methodology: Lecture, projects, seminars, tutorials, group work, class presentation,
Case Studies

Instructional material/ Equipments: Multi-media resource, LCD projector and screen, whiteboard,
DVDs, video and audio technologies, hand-outs, Power Point, Internet and web based materials
computers; discussion aids, e- and print journal and case laws.

Course Assessment: Continuous Assessment Test, Assignments, term paper constituting of 30%. End of
semester examination constituting of 70%

Teaching Methodologies:

Lectures; tutorials; seminar discussions; individual/group presentations.

Instructional Materials/Equipment:

Handouts, smart boards, resource persons, Statutes and case law, DVD, Computers, LCD Projector, E-
journals.
Course Assessment:

Student Performance

Continuous assessment tests, assignments constituting 30% and end of semester examination
constituting 70%

Core Textbooks and Journals for the Course:

1. Kanyeihamba, G.W. (2012) Commentaries on Law, Politics and Governance (2nd edn) Law Africa
2. Wade, W & Forsythe, C (2009) Administrative Law (10th edn) Oxford University Press

Textbooks and Journals for Further Reading:

1. Craig, P (2012) Administrative Law (7th edn) Sweet & Maxwell

2. De Smith & Brazier (1998) Constitutional & Administrative Law (9th edn) Penguin
3. Elliot, M & Thomas, R (2011) Public Law. Oxford University Press
4. Forsyth, C., Elliot, M., Jhaveri, S., Ramsden, M & Hill, A (2010) Effective Judicial Review: A
Cornerstone of Good Governance. Oxford University Press
5. Le Seur, A (2010) Public Law. Sweet & Maxwell
6. Lumumba, PLO (2006) An Outline of Judicial Review in Kenya (2nd edn) Law Africa
7. Lumumba, PLO & Kaluma, PO (2007) Judicial Review of Administrative Actions in Kenya. Jomo
Kenyatta Foundation
8. Leyland, Anthony, “Textbook on Administrative Law” (7th Ed). S & M
9. A. W. Bradley & E. Ewing, (2010): Constitutional and Administrative Law (15 th ed). Pearson

THE CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA) P. O BOX 62157 00200 NAIROBI, KENYA

Tel:020-2525811-5 Fax : 8911084 Website:www.cuea.edu .

Founded in 1984 by AMECEA (Association of the memberEpiscopal Conference in Eastern Africa