THE FUTURE OF ADMINISTRATIVE LAW IN KENYA

Abstract

Administrative actions by government, in pre and post colonial Kenya, have consistently fallen short of serving public interest. This has been so despite the existence of administrative law. The purpose of this study was to establish the developments in administrative law vis-à-vis the attitude of the government towards public service. The researcher randomly identified some key historical events and noted how they have influenced public policy, executive actions, judicial decisions, and legislation.  The study found that a flawed philosophy of governance undermined the ability of institutions of governance to serve public interest pre independence to the year 2010. However since administrative law was constitutionalized in 2010, administrative actions are being influenced by judicial decisions, legislation, and public policy of the government. Thus, the study concluded that the future of administrative law will depend on the quality of judicial decisions, legislation, and public policy of the government. The study recommended that public participation in the legislative, judicial, and public policy formulation processes should be encouraged by all.