Judicial Review, Merit Review and The 2010 Constitution: Reflections from Court Adjudications
16 Pages Posted: 12 Jul 2021
Date Written: July 10, 2021
Abstract
Administrative law has been defined by Jain and Jain as the law that deals with the structure, powers, and functions of organs of administration, the limits of their powers and the procedure followed by them in exercising their powers and functions and the methods by which their powers are controlled. Judicial review is one way of controlling administrative action. It is often taught that judicial review is concerned with the legality of the decision making process and not the merits of the decision. However, as judicial review is not cast on stone, courts can now engage in merit review of administrative decisions. This paper therefore examines the nature, grounds, procedure, remedies and scope of Judicial review in the Kenyan jurisprudence.
Keywords: Judicial, Merit, review, 2010,constitution
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