PUBLIC SECTOR & LOCAL GOVERNMENT | LEGAL GLOSSARY

Public Sector & Local Government Law in Kenya encompasses the legal framework that governs the relationship between the government, public institutions, and individuals. It covers various areas of law, including constitutional law, administrative law, tax law, and criminal law, which regulate the actions and decisions of the state and its agencies.

Constitutional law forms the foundation of public sector and local government law in Kenya. The Kenyan Constitution defines the structure of government, outlines the powers and functions of different branches of government, and guarantees fundamental rights and freedoms of individuals. It establishes the principles of governance, such as accountability, transparency, and the rule of law, which guide the actions of public authorities.

Administrative law is a crucial component of public sector law as it governs the activities and decisions of public institutions and officials. It sets out the procedures and standards that public bodies must follow in making decisions and ensures fairness, legality, and accountability in administrative actions. Administrative law also provides for mechanisms such as judicial review, through which individuals can challenge the lawfulness of administrative decisions and actions.

Tax law is another important aspect of public sector law. It regulates the imposition, collection, and administration of taxes by the government. Tax laws determine the rights and obligations of taxpayers, provide guidelines for tax assessment and enforcement, and establish mechanisms for tax disputes resolution.

Criminal law within the public sector context deals with offenses committed against the state or society as a whole. It defines criminal acts and their corresponding penalties, and ensures the fair administration of justice through the criminal justice system. Public sector and local government law also encompass laws related to public safety, law enforcement, and national security.

Moreover, public sector law addresses the relationship between the state and individuals in an inherently unbalanced manner, as the state has the authority to regulate individual behavior. However, the rule of law doctrine ensures that authorities must act within the boundaries of the law and respect individuals' rights. Judicial review is a fundamental mechanism that allows citizens to challenge the actions and decisions of the state before the courts, ensuring the accountability of public authorities.

Local government law specifically focuses on the legal framework governing local government institutions and their functions. It establishes the powers, responsibilities, and governance structures of local authorities, which play a vital role in delivering public services and promoting local development.

In summary, Public Sector & Local Government Law in Kenya encompasses constitutional law, administrative law, tax law, and criminal law, among others. It regulates the relationship between the government, public institutions, and individuals, ensuring accountability, fairness, and the protection of fundamental rights. The rule of law doctrine and mechanisms such as judicial review provide avenues for individuals to challenge the actions of the state, maintaining the balance between the state's regulatory authority and individual rights within Kenya's legal system.