| dc.description.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. | en_US |
