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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
COURSE CODE: KLAW 204
COURSE TITLE: ADMINISTRATIVE LAW
STREAM: Y2S1
DAY: FRIDAY
TIME: 9.00 – 11.00 A.M.
DATE: 25/03/2011
INSTRUCTIONS:
Answer Question 1; and, any other 2 questions
1. “Administrative law deals with, among others, the composition, structure,
powers, duties, functions and procedures of the organs of administration and
bodies performing public functions. In Kenya, sovereign power vests in the
people and is delegated by the Constitution to 3 principal organs of government,
which ideally perform separate and independent functions: Parliament and the
legislative assemblies in the county government; the national executive and the
executive structures in the county governments; and, the judiciary and
independent tribunals.” Anonymous
Discuss the above in the light the new Constitution of Kenya.
(30 marks)
2. “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)
3. “The idea that ‘the rule of law’ anchors administrative law in constitutional
democracies commands near universal acceptance among public law scholars.
But, the rule of law, though a much talked about good governance ideal, is itself a
very broad public law concept. In fact, the meaning attributed to the phrase varies
from context to context.” Peter Kaluma, Judicial Review: Law Procedure and
Practice (2009), pp.14 - 15
Discuss what you understand “the rule of law” to mean.
(20 marks)
4. 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)
5. Briefly discuss any three (3) of the following Administrative Law Concepts: -
a) Ultra Vires doctrine
b) Delegation
c) Separation of power
d) Supremacy of the Constitution
(20 marks)
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