FROM David Onyango Oloo Vs Attorney General TO Charles Kanyingi Karina Vs The Transport Licensing Board: A STEP IN THE REVERSE?

Abstract

The doctrine of natural justice is · p r esently hackneyed in the realms of administrative law and justice, arguably . the world over. The Rules of natural justice are minlmu rn standards of fair decision-making imposed by the law to decision-making r- .r thonties . According to P.L.0. Lumumba in his treatise, An Outline of Judicial Review in Kenya, the operating sphere of the principle is stated in the tc \lowing terms. The principles of natu r al justice are basically concerned v 1ith common law rules of fa i r procedure . The pr i nciples were developed by the courts and are applied t o administrative agencies (public authorit i es engagr d in judicial and/or quasi judicial functions) . In broad terms , the principles of r , atural justice espouse the rule against bias and the duty to hear the other side . The first limb of the doctrine. namely , the rule ar,.Jinst bias is outside the scope of coverage of this paper . The second limb of the tenets of natural justice. that is , the right to hear the other side. is captured in the latin maxim audi alterem patem translating into 'no man shall be condemned unheard.' The rule that no man shall be condemned unless he has been given prior notice of ti 1e allegations against him and a fair opportunity to be heard is a cardin a l principle of justice. It has been stated, albeit somewhat romantically, to be reflected in God's treatment of Adam and Eve before the expulsion from the biblical garden of Eden and , indeed , to be an aspect of natural law in the sense of 'the laws of God and man'. It embodies a principle, which would universally be perceived as inherent in the concept of fair treatment.