Discuss the nature and efficacy of the following orders available in judicial review proceedings: – a) Certiorari b) Prohibition c) Mandamus

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Discuss the nature and efficacy of the following orders available in judicial review proceedings: – a) Certiorari b) Prohibition c) Mandamus

1. “The procedure and practice of judicial review in Kenya is governed by the provisions of
Order 53 of the Civil Procedure Rules. Under the Rules, an application for judicial review
proceedings in two stages. At first, the law requires the aggrieved party to apply for leave
to institute the application for judicial review. It is following grant of leave that the
applicant proceeds to institute the action for judicial review.”
Peter Kaluma, Judicial Review: Law Procedure and Practice (2009), pp.57.
Discuss the above in detail, highlighting the nature, necessity, and mode of pleadings at
the two-stages of application for judicial review
(30 marks)
2. Discuss the nature and efficacy of the following orders available in judicial review
proceedings: –
a) Certiorari
b) Prohibition
c) Mandamus (20 marks)

3. The rule against bias is embodied in the Latin phrase “nemo judex in re causa sua”
which literally means “no man shall be a judge in his own cause”. The rule imposes the
requirement of impartiality in decision making … Where there is reason to suspect bias, it
is no defence to argue that even a totally disinterested tribunal could have come to the
same decision. This is because the rule against bias is a requirement of procedural
protection as opposed to matters of substance or merit. Peter Kaluma, Judicial Review:
Law Procedure and Practice (2009), pp.161 – 162
a) Discuss the grounds upon which bias may be attributed to decision-making.
b) What tests are applied to determine whether a decision should be set aside on
account of bias?
(20 marks)

4. “Judicial Review law as known in Kenya today was transplanted from England … The
High Court derives its judicial review jurisdiction from sections 8 and 9 of the Law
Reform Act, Chapter 26 of the Laws of Kenya”. Peter Kaluma, Judicial Review: Law
Procedure and Practice (2009), pp.57.

Discuss the history of judicial review in Kenya from inception to-date.
(20 marks)

5. Briefly discuss any three (3) of the following grounds of judicial review: –
a) Ultra Vires rule
b) Irrationality
c) Irrelevant considerations
d) Legitimate expectation (20 marks)

 

 

 

 

 

 

 

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