Public bodies must act in accordance within the law – that means following primary or secondary legislation and therefore they must follow public law principles. Thus they have to:
- Act lawfully – they must act within the law and they therefore must not act in a way that is outside their powers, or do things they do not have legal authority to do.
- They must not act improperly.
- Act reasonably
- Follow fair procedures and must not have blanket policies.
- Avoid any form of corruption
When making decisions public bodies must not delay, fail to deal with enquiries or do things wrongly. They must comply with their legal requirements, provide relevant information and maintain accurate records. They must not fail to investigate or make misleading or inaccurate statements.
So, how can public law assist?
Public bodies can be local leadership, health authorities, police, prisons and courts etc. If a decision by a public body affects you adversely it is possible that it may be open to challenge. If a public body fails to make a decision that is also open to challenge.
It is important to remember that different decisions by public bodies will need to be challenged in different ways. If there is a right of appeal then usually that appeal process needs to be followed and exhausted before a judicial review can be considered.
If there is no right of appeal, no alternative remedy or all appeal rights have been exhausted before a potential High Court action then a challenge is possible by Judicial Review.
Calling Partners: 10 positions
We are calling on legal volunteers - either as interns, attaches or those who do not exceed 5 years after their joining the Bar. We have got flexibility. Those interested must be and have qualified from accredited universities and law schools. Terms of engagement shall be negotiated and agreed upon. We are not looking for full time staff. Successful applicants shall be offered a stipend.
Interested persons should have great personality, ability to read and write in both English and Swahili; Willing to undertake research and represent Cofek and our clients in Court. If you are the person, we are looking for, we request you to apply to join our team by writing to the:
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