Judicial Review, Merit Review and The 2010 Constitution: Reflections from Court Adjudications

16 Pages Posted: 12 Jul 2021

See all articles by Ronald Bwana

Ronald Bwana

Mount Kenya University - Mount Kenya University, Parklands Law Campus, Students

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

Suggested Citation

Bwana, Ronald, Judicial Review, Merit Review and The 2010 Constitution: Reflections from Court Adjudications (July 10, 2021). Available at SSRN: https://ssrn.com/abstract=3884004 or http://dx.doi.org/10.2139/ssrn.3884004

Ronald Bwana (Contact Author)

Mount Kenya University - Mount Kenya University, Parklands Law Campus, Students ( email )

Kenya
00100 (Fax)

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