The Ultra Vires Rule On Its Death-Bed: The Rule Of Law As The Basis Of Judicial Review In Kenya

Abstract

Judicial review has assumed great significance as a field of legal practice in modern times. In Kenya, few fields of legal practice have grown as rapidly in scope and significance over the past decade as that of judicial review . . This speedy advancement caused the Chief Justice to create an independent division of the High Court of Kenya in 2003 to deal exclusively with judicial review and constitutional law cases. In the year 2007, some 2,000 applications for judicial review were lodged in the High Court Registry at Nairobi alone.' Further, new grounds for seeking court intervention and redress by way of judicial review constantly emerge while existing grounds evolve over time. For instance, the principles of legitimate expectation, proportionality and fairness have recently emerged as common yet important heads of judicial review in Kenya. The emergence of these principles have widened the scope of judicial review and extended its application to areas, powers and institutions that were traditionally believed to be beyond the reach of the court's supervisory jurisdiction exercised through judicial review.