Judicial Review of Service Matters in Kenya and India: A Blessing or A Curse
Ratemo, Tom Junior
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The new constitutional dispensation of Kenya and the Constitution of India have created an independent judiciary which is vested with among other powers, the power of judicial review to determine the legality of administrative actions and the validity of legislations1. It is therefore, the solemn duty of the judiciary to keep different organs of the State within the limits of the power conferred upon them by the Constitution by exercising power of judicial review as sentinel on the quo vive to check not only that public bodies do not exceed their jurisdiction and carry out their duties in a manner that is detrimental to the public at large2 but to also ensure that the conduct, actions or decisions of public officers conform to the Constitution and the law3.