THE CATHOLIC UNIVERSITY OF EASTERN AFRICA COURSE OUTLINE

Mission Statement;
Inspired by Jesus word; Consecrate them in then truth (Jn: 17:17)CUEA seeks to promote scientific
research, quality teaching and community service for the purpose of enhancing Christian living.
FACULTY OF LAW
Unit Code:

CLS 204

Academic Year 2013/2014

Class Hours:
Lecturer:

Unit Title: ADMINISTRATIVE LAW Credit Hours:3

Trimester:

First

8.00-11.00 P.M
2.00-5.00 P.M

Room: KH03, KH01

Ronald Ojuku Momanyi

Phone: 0720254968

Hours of Consultation:

Wed 3.30-5.00

CUEA E-mail:ojukuji@yahoo.co.uk

PURPOSE OF THE COURSE: To introduce the students to the nature, meaning and purpose of
administrative law.
COURSE DESCRIPTION: The course commences with the meaning nature and scope of
ADMINISTRATIVE Law. The subject introduces administrative law as a valiant endeavor by ordinary
citizen to lomit the power of government and the various methods by which this is done.
LEARNING OUTCOMES:
Upon completing this course students will be able to:
(i)
(ii)
(iii)

Understand the role of administrative law as a means of limiting government power.

Understand the role of the law in the role of checking governmental power.
Understand the various means of checking government power.

Class Schedule
Week 1

Contents
1.
Introduction to Administrative Law
Definition, nature and scope.
Difference between Constitutional law
and Administrative Law.
Droit Administratif.

Week 2

Conceptual objections against the growth of

Administrative Law.
-Concept of Rule of Law and the separation of
power.

Week 3

Delegated legislationReasons for growth, justification etc

Week 4

Tribunals and Enquiries-reasons for growth in

kenya

Learning Activities
The students are encouraged to
diligently attend all the sessions
and refer to the reading list at the
end of this outline.

Week 5

5. Practice and procedure of Administrative

Adjudication, Principles of Natural Justice.
Nemo judex in Causa Sua
Audi Alteram Partem

Week 6

6.Judicial Control of Administrative Action.

Irrational and illegal use of powers
Procedural impropriety etc

Week 7
7.Judicial Review of Administrative Action
Modes
Public Law modes, by means of Judicial Review
methods such as Certiorari, Prohibitation,
Mandumus, HABEAS CORPUS etc
Week 8

8.Private Law Remedies such as

Injunction,Declaration,Suit for Damages

Week 9

9. Public Interest Litigation

-Nature and purpose
-Constitutional habitat
-Locus standi
-Procedure
-Class Actions

Week 10

10.Liability of the Administration

Liabilty types, conctractual and tortuos
Privileges and Immunities of the in Suit.

Week 11

11. The Citizen and Administrative faults

Ombudsman

Week 12

12.Local Government.

Week 13

REVISION

Week 14

FINAL EXAMS

Recommended Texts
(1)
Constitutional and Administrative Law. David Yardely 8th Edn (1995)
(2)
Constitutional and Administrative Law.
A.W. Bradley and K.D Ewing. 12th Edn (1997).
(3)
Administrative Law: I.P Massey (4th Edn) (1999).
(4)
Introduction to Administrative Law: Kane Peter (1996)
(5)
Judicial Review of Administrative Action: De Smith, Prof: S.A
(6)
Administrative Law: Wade, H.W.R & Forsyth CF.
List of journals
1.
2.

Marshall,Geoffrey (1973) Misadministration Public Law 250.

Page A,985MPs and the Redress of Grievances Public Law 1

3.

Clowthier,Sir C. (1986) The Value of an Ombudsman Public Law 250.

Course assessment
There shall be two continuous assessment test (CATS) and or assignments, and one final examination
duration of the course, on the dates and at the times and places indicated by the faculty.
Students should note the Universities rules and regulations regarding tests, examinations, re-sits and makeups.
Evaluation of the students final grade will be made on the following basis:
i.
ii.
iii.

Continuous Assessment Tests (CATS) and/or Assignments 30%

Final Written Closed Book Examination ..70%
TOTAL.100%

Policy Issues

All students should attend all classes and actively participate

If a student fails to attend more than six hours in a trimester he/she will not be allowed to sit for
the final examination
If a student who fails to sit for his or her continuous assessment tests he /she will not be allowed to
sit for final examinations
Any student who fails to sit for his or her continuous assessment tests for good reasons will inform
the course instructor and will arrange to sit for a makeup CAT before the end of trimester
examination
Students with special needs are required to see the init instructor and discuss their needs.
Students repeating or upgrading the unit must inform the instructor.
All mobiles phones must be switched off during class hours.

Health and Safety Issues

Students are responsible for their personal belonging while in Campus. If students notice a situation
endangering their safety or the safety of others are advised to inform the lecturer or any officer in the
campus.