Anisminic Principle In Kenya

Summary

The Anisminic v Foreign Compensation Commission case expanded judicial review by allowing courts to review errors of law by administrative bodies. In Kenya, this principle is integrated into the legal framework, especially under the 2010 Constitution, which mandates judicial review of administrative actions for legality, reasonableness, and procedural fairness. A notable application is seen in the Republic v Public Procurement Administrative Review Board & 2 others Ex-parte Pelt Security Services Limited [2005], where the High Court reviewed administrative decisions using the Anisminic principle.

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using relevant case law explain how the concept of judicial review laid down in Anisminic v foreign compensation commission been used in the Kenyan legal context
To understand how the concept of judicial review laid down in Anisminic v Foreign Compensation Commission has been used in the Kenyan legal context, you can look at the following:
- Anisminic v Foreign Compensation Commission (*): The House of Lords held that errors of law made by administrative bodies are reviewable by courts, expanding the scope of judicial review.
In Kenya, this principle has been incorporated into the legal system, particularly under the * Constitution, which provides for judicial review of administrative actions to ensure they are lawful, reasonable, and procedurally fair.
- Republic v Public Procurement Administrative Review Board & * others Ex-parte Pelt Security Services Limited [*]: This case applied the Anisminic principle, allowing the High Court to review decisions of administrative bodies.
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