KISII UNIVERSITY SCHOOL OF

LAW
COURSE INSTRUCTOR MR. V. M. NDUNG’U
DLAW 0122 ADMINISTRATIVE LAW C.F 2.0
Prerequisite: None
Contact Hours: 30
Purpose of the Course
To expose the student to the scope and operation of administrative law.
Course Objectives
By the end of the course the students should be able to:
1) Define the origin and nature of administrative law;
2) Explain the nature and meaning of subsidiary legislation;
3) Identify the various governmental authorities;
4) Discuss the application and functioning of governmental authorities; and
5) Evaluate the principles of natural justice and review of administrative actions.
Teaching/Delivery Methods
Lectures, tutorials, individual and group discussions and presentations, library assignments,
seminars discussions, case studies, E-learning.
Instructions resources
Resource person, textbook, handouts, LCD projectors, laptops/computers, discussion aids,
chalk/white boards, DVDs, e-journals, statutes.
Course assessment
Continuous assessment will comprise 30% of the total marks at the end of semester made up
as follows:-
Written test 10%
Written assignment 10%
Individual/group presentations 10%
The other 70% of the marks will be derived from the final exam offered at the end of the
semester.
Course Content
1. Introduction
 o Meaning and function of administrative law
o Function of administrative law
o Historical development of administrative law
o Sources of administrative law in Kenya
o Fundamental principles of administrative law
o Administrative agencies
o Tribunals
o Regulatory authorities
o Commission of inquiry
2. The exercise of administrative functions.
o Rule making and adjudication by administrative authorities
o Rule of law and natural justice
o Subsidiary legislation
o Procedural ultra vires
o Sub delegation
o Inconsistency with the parent Act

3. Control of administrative action.

o Judicial review
o Grounds of judicial review
4. Judicial review
o Proportionality and balancing
o The right to a hearing
o Remedies and prerogative orders of certiorari, mandamus, prohibition, habeas
corpus, injunction and declaration.
o Attitude of courts in judicial review

Readings
Core Textbooks
1. Hussain , A.,(2010), General Principles and Commercial Law in Kenya ( Reprint),
Nairobi: East African Educational Publishers
2. James Gathii, The Contested Empowerment of Kenya’s Judiciary, 2010-2015: A
Historical Institutional Analysis (Sheria Publishing House, 2016).
3. Peter Onyango, Administrative Law: Kenya Experience (Lap Lambert, 2016)
Textbook for Further Reading
1. Lumumba, P.L.O. & P.O Kaluma., (2007), Judicial Review and Administrative
Actions in Kenya: Law and Procedure, Jomo Kenyatta Foundation
2. Lumumba, P.L.O.,(2006), An Outline of Judicial Review in Kenya, Law Africa.
3. Kaluma, P. (2009), Judicial Review and Practice and Procedure, Law Africa
4. O. Hood Philips & Jackson, (2001), Constitutional & Administrative Law, 8th ed.
Sweet & Maxwell.
 5. Saleemi, N.A ,(2009), Commercial Law Simplified (Revised Edition), Nairobi:
Saleemi Publications Ltd
6. Saleemi, N.A ,(2010), General Principles of Law Simplified, Nairobi: Saleemi
Publications Ltd
Statutes
The Constitution of Kenya
The County Government Act, 2012
The Intergovernmental Relations Act, 2012
County Assembly Service Board Act, 2017
National Government Coordination Act, 2013