Pleasure Doctrine or Servants of the People Doctrine, Which Way for Kenyan Courts?

18 Pages Posted: 3 May 2022

See all articles by Ronald Bwana

Ronald Bwana

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

Date Written: May 1, 2022

Abstract

In feudal England the Crown could dismiss their servants without assigning any cause and where there were contracts of service a term was be implied that the Crown could terminate the contract at will-pleasure doctrine. This position was imported in the legal systems of some Common Law jurisdictions like Kenya, India, Canada and Australia. Nonetheless, the doctrine has undergone evolutions thus though applicable in some jurisdictions it operates in a restricted form. To that extent this paper focuses on pleasure doctrine in Kenya. It argues that some civil servants serve at the will of the President as they are independent contractors hence can be dismissed without assigning any cause.

Keywords: Pleasure, doctrine, servants of the people, doctrine

Suggested Citation

Bwana, Ronald, Pleasure Doctrine or Servants of the People Doctrine, Which Way for Kenyan Courts? (May 1, 2022). Available at SSRN: https://ssrn.com/abstract=4097951 or http://dx.doi.org/10.2139/ssrn.4097951

Ronald Bwana (Contact Author)

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

Kenya
00100 (Fax)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
106
Abstract Views
363
Rank
505,231
PlumX Metrics