In Ridge v. Baldwin the House of Lords held that the Chief Constable of Brighton who held an
office, from which by statutory regulations he could only be removed on grounds of neglect of
duty or inability, could not validly be dismissed in the absence of
Convenience:Arbitral proceedings are conducted at the convenience of the parties in
terms of venue, time, the law and language applicable.
Informality:Arbitral tribunals are generally free from technicalities which characterize
3. The competitive negotiator is not open to easy manipulation;
4. A negotiator of that style is also likely to take initiative and to take a lead role in
1. The solution that comes out of such hard negotiations
7. CROSS EXAMINATION
An opportunity to cross-examine can only be availed if there is an oral hearing i.e. the rule applies
to cases where there is an oral hearing. Whenever there is an oral hearing and a party requests
to cross-examine, the affected party
INTRODUCTION TO LAW 88
COURT OF APPEAL
Establishment: It is established by section 64 (1) of the Constitution which provides inter
aliathere shall be a court of appeal which shall be a superior court of record. The court was
established in 1977
INTRODUCTION TO LAW 76
DISADVANTAGES OF ARBITRATION
1. Likelihood of miscarriage of justice: Arbitral proceedings may at times not guarantee
justice, particularly if the question is complex and the arbitrator is not well versed in
1. A judicial body acting in an administrative capacity i.e. Industrial Court.
2. An administrative body performing administrative duties or against the government
3. It can be issued to stop a public body from continuing proceedings that are u
i. Inform the Appellant in writing in a language the Appellant understands the
disciplinary offence he is alleged to have committed and the particulars of the
ii. Afford the Appellant an opportunity to be heard in person and to fix reasonable
The Attorney General, where the Commissioner of Prisons purported to deprive Onyango Oloo
his sentence remission to which he was entitled under the Prisons Act without giving him an
opportunity to be heard. Quashing the decision, Justice Nyarangi stated;
king or the queen upon receiving a petition from a subject complaining of some injustice done to
him would state that he wishes to be certified of the matter and then he would order the matter
to be brought up to him.
Ordering the matter to be brought up
9. When there is unfair hearing;
10. When there is procedural flaw;
11. When there is irrationality
12. When a public official or body acts in bad faith;
13. When there is breach of principles of natural justice.
entertaining matters which would result in its final decision being subject to being
brought up and quashed oncertiorari, I think that Prohibition will lie to restrain it from
exceeding its jurisdiction.
This illustrates the point that prohibition will li
He developed the so-called classical doctrine of separation of powers. He suggested that:
1. There should be different organs of government i.e. executive, legislature and
2. These organs must exercise different functions. The legislature makes
public duty. Mandamuswill not issue in respect of a duty that is of a private nature even if the
body in question is a public body.
For example where two construction companies agree to undertake some work who agree to
resolve any dispute between them b
6. The competitive bargainer or negotiator is unlikely to be aligned to the concerns of the
other party because the emphasis is no compromise.
Cooperative negotiators are more interested in developing a relationship based on
quashed the decision of a rent assessment committee reducing rent of a certain flat because the
chairman of the rent assessment committee lived with his father in those flats. In this case, the
in considering whether there was a real likeliho
a) The parties cannot agree as to who the single arbitrator shall be
b) In the case of two arbitrators, either party has failed to appoint an arbitrator within 30
days of receipt of the parties notice to do so.
c) The two arbitrators fail
1. Once the arbitrator is pointed, he must enter upon his duties without undue delay. And
if the terms of appointment dictate he must make an interim award, however, at the
conclusion of the process he is bound to make a final award.
2. The decision of th
It is basically talking or communicating. It is the two parties alone, without a neutral third party.
There are two extreme styles of negotiating. There is what is referred to as the competitive
bargaining style and there is the co-operative bargaining st
Principled negotiation seeks to take advantage of both cooperative and competitive styles and
avoid the pitfalls or the disadvantages of the two styles.
Mediation is a non-binding process in which an impartial third party facilitates the negotia
4. The arbitral tribunal was not constituted in accordance with the terms of the
5. The award relates to a dispute not contemplated by the agreement.
6. The award is contrary to public policy of Kenya.
7. The dispute is incapable of resolution
ii. The organ must operate impartially and in an unbiased manner. It must be disinterested
as possible in the proceedings.
iii. The organ must administer justice on the basis of facts and law without fear or favour
and without eternal influence.
1. Resident magistrate courts
2. Kadhi courts
3. District Magistrates court 1st
4. Tribunals subject to appeal e.g. rent tribunals
Under section 67 (1)
and determine a petition:
a) Challenging the validity of a person as a member of the national Assembly
b) To determine whether a seat in the National Assembly has become vacant.
Section 4(1) of the Judicature Act constitutes the
answer the case of his opponent.
The first principle is embodied in Section 13 of the Arbitration Act which provides that when a
person is approached for appointment as an arbitrator he must disclose any circumstances likely
to give rise to justifiable do
order:This is an order of the High Court restraining a court or tribunal from
proceeding with a matter before it. This order may be granted if the court or tribunal is:
a) Improperly constituted
b) Disregarding relevant matters
to a detaining authority or body demanding the production of the detainee before the
court to show cause why the detainee should not be released forthwith. This order
questions the legality of the detention. Its functions to secure the release of detainee
understand hoe each court in Kenya is composed and what cases can be brought before it. This
chapter has been tested in the following sittings: May 2006;November 2005;May 2005;November
2004; May 2004; November 2003; May 2003; November 2002; May 2002; May
His decision is binding and should be made within a short time. He should also be suitably
qualified to deal with the subject matter.
Each Community has its own e.g. Njuri Ncekeof the Ameru, Abagaka Begesakuof the
negotiator by the end of the process may feel that they give more than they should
2. There is the possibility of manipulation by the other party.
3. The negotiator may be taken advantage of by the other party;
4. In the case of a professional negot
reach a decision. Usually this is an independent officer of the government or a public or quasipublic
body. An ombudsman can be classified as an alternative dispute resolution mechanism.
Ombudsmanship is practiced in Sweden. In Kenya we have a Complaints
Senior Principal Magistrate
Senior Resident Magistrate
Under Section 3(2) of the Magistrates Courts Act, the court has jurisdiction to hear cases
It entertains both criminal and c
were held by the university and when he went to court, the court issued an order of mandamus
for the court to release the results. Nyongesa had requested the University for his results and
they had refused so he applied for an order of mandamusto the cour
5. Miscellaneous public bodies exercising public functions.
In Majid Cockar v. Director of Pensions,a case between the former Chief Justice Cockar and
the Director of Pensions, in computing the pension payable to the CJ the Pensions Department
made a mist
I cannot agree that a decision cannot be questioned if no reasons are given.
It means that if no reasons are given a decision can be questioned.
9. LEGAL REPRESENTATION
This does not apply in every case but in suitable cases and suitable circumstances, th