Administrative Law Question Paper

Administrative Law

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2010

ANSWER QUESTION ONE AND ANY OTHER TWO QUESTIONS.

1.Sam earns a living by selling ice cream from a van in the city of Oldtown.It is a requirement that he has a valid trading license from Oldtown Council.In May 2001,Oldtown City Council opened a leisure centre which,among other things sells ice cream and soft drinks.Sam sells ice cream from his van outside the Leisure Centre every Saturday and Sunday afternoon.On Saturday,August 9th,Sam is told to move his ice cream van away by the official of the Leisure Centre.He refuses in no uncertain language and the following day sells ice cream there as usual.On Tuesday August 12,he receives a letter from the Oldtown City Council telling Sam that the license to sell ice cream is revoked as from Friday August 15.No reason is given.

Sam appeals against the decision and is told he can appear iin person before a special meeting of the License Appeals Committee on Monday August 18.He is refused legal representation at the hearing and is prevented by the chairman from cross examining witnesses.The decision to remove his license is confirmed by the Appeals Committee whose chairman is manager of the Oldtown Leisure Centre.Again no reasons are given for this decision.

Advise Sam. (30 marks)

2.Describe the difference between inherent supervisory jurisdiction in judicial review and statutory appellate jurisdiction of the appeals system.What are the grounds on which judicial review can be sought? (20 marks)

3.Illustrate the practical applications of the rule of law with reference to Sexual Offences Act,2006{Hint:For "rape trauma syndrome the burden of proof is shifted to the accused.} (20 marks)

4.Administrative legislation is traditionally looked upon,as a necessary evil,an unfortunate but inevitable infringement of the separation of powers.Explain what are the ways in which it can be controlled? (20 marks)

5.Write short notes on any two:
a)Legitimate expectation

b)Wednesbury unreasonableness

c)Rule against bias

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