An Analysis of The Legal Position of The Doctrine of Legitimate Expectation in Kenya

Abstract

The necessity for application of the doctrine of Legitimate Expectation arises when an administrative body by reason of a representation or by past practice or conduct stirred an expectation which would be within its powers to accomplish unless some superseding public interest comes in the way. However, a person who centers his claim on the doctrine of legitimate expectation, in the first instance, has to satisfy that he has relied on the said representation and the rejection of that expectation has worked to his detriment. The court would interfere only if the decision taken by the authority was found to be arbitrary, unreasonable or in gross abuse of power or in violation of principles of natural justice and not taken in public interest. But a claim based on mere legitimate expectation without anything more cannot ipso facto give a right to invoke this principle. The objective of this study is to analyse the legal position of the doctrine of legitimate expectation in Kenya and more so under of the Constitution of Kenya and Section 7 (2) of the Fair Administrative Action Act. Chapter 1 lays the background, states the objectives, significance and justification of the study. It also attempts to hypothesize and outline the research questions attributed to the study. Chapter 2 set outs the theoretical framework and research methodology. It also reviews the literature relating to the study and also points out at assumption and limitations envisaged in the study. Chapter 3 examines the Origins of the doctrine of legitimate expectation, Essential ingredients of Doctrine of Legitimate Expectation, the requirements to sustain a claim of legitimate expectation, types of legitimate expectations and how they differ. It also briefly examines the history of legitimate expectations in Kenya and a Kenya perspective of the doctrine of legitimate expectation. Chapter 4 outlines several recommendations emanating from the study, while Chapter 5 explains the findings of this study then goes ahead to make the conclusions.