Book contents
- Judicial Review of Administrative Action across the Common Law World
- Judicial Review of Administrative Action across the Common Law World
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Legislation
- Abbreviations
- Part I Introduction
- Part II Origins and Adaptations of Judicial Review in England
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- Part V Origins and Adaptations in the Middle East and Africa
- 9 English Administrative Law in the Holy Land
- 10 From Pale Reflection to Guiding Light
- 11 Judicial Review in Kenya
- Part VI Origins and Adaptations in Asia
- Part VII Origins and Adaptations in Australasia
- Part VIII Conclusion: Interrogating “Common Law” Approaches to Judicial Review
- Index
11 - Judicial Review in Kenya
The Ambivalent Legacy of English Law
from Part V - Origins and Adaptations in the Middle East and Africa
Published online by Cambridge University Press: 19 March 2021
- Judicial Review of Administrative Action across the Common Law World
- Judicial Review of Administrative Action across the Common Law World
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Legislation
- Abbreviations
- Part I Introduction
- Part II Origins and Adaptations of Judicial Review in England
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- Part V Origins and Adaptations in the Middle East and Africa
- 9 English Administrative Law in the Holy Land
- 10 From Pale Reflection to Guiding Light
- 11 Judicial Review in Kenya
- Part VI Origins and Adaptations in Asia
- Part VII Origins and Adaptations in Australasia
- Part VIII Conclusion: Interrogating “Common Law” Approaches to Judicial Review
- Index
Summary
This chapter considers the evolutions in the practice of judicial review in Kenya, and the continued relevance of English law, in the broader context of the role of judicial review in facilitating the attainment of democratic governance. It argues that English law bequeathed to Kenya an ambivalent legacy that continues to shape the exercise of the judicial review power. In theory, law has promised to provide a bulwark against the abuse of governmental power. In practice, however, it has largely served to facilitate authoritarianism. The chapter begins by locating judicial review in the context of governance in colonial and post-colonial Kenya. It then examines the nature and role of judicial review in the Kenya colony, Independent Kenya, and more recently after the promulgation of the Constitution of Kenya 2010.
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- Judicial Review of Administrative Action Across the Common Law WorldOrigins and Adaptation, pp. 191 - 212Publisher: Cambridge University PressPrint publication year: 2021