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Klaw 204: Administrative Law Question Paper
Klaw 204: Administrative Law
Course:Bachelor Of Laws
Institution: Kabarak University question papers
Exam Year:2011
INSTRUCTIONS:
Answer Question 1; and, any other 2 questions
1. The essence of Administrative law is that there should be nothing like absolute power in
the hand of government. Power corrupts and absolute power corrupts absolutely.
Absolute power is anathema to the rule of law and naked and arbitrary exercise of power
is bad in law. Accordingly, even where power seems discretionary and uncontrollable, it
will still be subject to judicial and/or non-judicial controls to ensure its exercise is in full
consonance with the law. The courts have developed and taken recourse to certain norms
to secure lawful exercise of power. The norms form the grounds upon which courts
intervene to control executive actions; and perhaps the most important of them are the
ultra vires rule and the rules of natural justice. Peter Kaluma, Judicial Review: Law
Procedure and Practice (2009)
Discuss the above. In so doing, highlight the entailments of the judicial control norms
mentioned herein. (30 marks)
2. Administrative Law deals with the structure, powers and functions of the organs of
administration; the limits of the powers; the methods and procedures followed by the
organs of administration in exercising their powers and function; the methods by which
administrative powers are controlled and the legal remedies available to a person whose
rights are infringed as a result of abuse of power. Anonymous
With the above in mind, delineate the nature, content and scope of administrative law
(20 marks)
3. “Rule of Law means … not only that … no man is above the law, but … that every man,
whatever be his rank or condition, is subject to the ordinary law of the realm and
amenable to the jurisdiction of the ordinary tribunals.” A. V. Dicey, The Law of the
Constitution (1885) 198
Discus the entailments of the rule of law. In so doing, explain how the doctrine founds
administrative law. (20 marks)
3. “Rules made pursuant to a statute are subsidiary legislation. They are made under
delegated power. A delegate’s power is confined to the objects of the legislature. The
main reason of delegation is that the legislature itself cannot go into sufficient detail. So it
makes a skeleton Act. The delegate supplies the meat, thus the intention of the legislature
must always be the prime guide to the meaning of the delegated legislation.”
Kenneth Stanley Njindo Matiba v Attorney General, Misc. Application No. 790 of 1993
(Unrep)
a) What reasons justify delegated legislation?
b) What controls are available in administrative law to ensure that delegated
legislation conform to law and that delegated authority is not abused?
(20 marks)
5. Control of the executive is traditionally the function of Parliament. But legislative
control(s) have been found wanting. Administrative law has never tolerated a situation in
which the executive is let to do as it wills. In modern times, executive control has shifted
to the judiciary vide judicial review. Anonymous
a) Discuss the weaknesses of legislative control of executive power.
b) What attributes make judicial review the most efficacious control mechanism
against executive authority?
(20 marks)
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