ADMINISTRATIVE TRIBUNALS Administrative tribunals are established by acts of parliament. It is a body which is given the power of administrative nature.

May be regarded as a separate of courts dealing with some specific rights and duties. Administrative tribunals established in Kenya include the industrial Court and the Rent Restriction Tribunal. 1. KENYA INDUSTRIAL COURT: Established in accordance with the provision of The trade dispute Act Chapter 234. The main dispute between employees and employers. The cases like dismissal of employees, non-payment of dues of employees etc can be taken to the Industrial Court. The judge of industrial court is appointed by the president and four other members are appointed by the Minister for labour. The judge of this court is appointed by the president for a term of not less than 5 years. He should be an advocate of the High Court for not less than years standing. The other four should be appointed for term of not less than three years. The Minister for labour appoints these members after consultation with the Minister for Finance, the Central Organization of Trade Unions and the Federation of Kenya Employers. The judge of the Court as power to appoint two assessors, one to represent employees and the other to represent employers from the panel of assessors appointed by the Minister, to assist in the determination of any trade dispute before the court. The decision of Industrial Court In trade dispute is regarded final. If any employee is dismissed without any lawful reason then Industrial Court may order to the employer to reinstate the employee. 2. RENT TRIBUNALS Rent tribunals are established by the Rent Restriction Act (Cap. 296). The main purposes of these tribunals are to determine the reasonable rents for the houses and impose some restrictions on increasing such rent. The tribunals can also investigate the complaints relating to the tenancy of dwelling houses made by either tenants or the landlords. A tribunal has power to assess the standard rent of any person interested or of its own motion. A tribunal may appoint and employ valuers, inspectors, clerks and other staff to enable it to carry out its work. A rent tribunal is established by the Minister for Housing in such areas as he may think fit. The Minister appoints a chairman for each tribunal. It consists of a chairman, Deputy Chairman and a panel of such members, consisting of such number of persons as he may think fit for each tribunal. Chairman should have not less than 5 years, an advocate of legal practitioner in Kenya. 3. THE BUSINESS PREMISES RENT TRIBUNALS. This is established under section 11 of The landlord and Tenant (shops, hotel and Catering Establishment) Act(Cap 301). This act defines the controlled tenancy as a tenancy of a shop, hotel, or catering establishment, which is in written form and is for a period not exceeding five years. The business premises Rent Tribunals are established to set out reasonable tenancy standards and to ensure that the landlords do not charge too high rents for business premises. The power of these tribunals are set out in 12 of the Act. Some important powers of the tribunals are: a) To determine whether or not any tenancy is a controlled tenancy.

b) To determine or vary the rent to be payable in respect of any controlled tenancy. c) To fix the amount of services charges if required as per agreements in respect of controlled tenancy. d) To make orders for the recovery of possession and for the payment of arrears of rent. e) To permit the levy of distress for rent. f) To awardncompensation for any loss incurred by a tenant on termination of a controlled tenancy in respect of good will, and improvement carried out by the tenant with the landlords contest. ADVANTAGES AND DISADVANTAGES OF ADMINISTRATIVE TRIBUNALS: ADVANTAGES 1. 2. 3. 4. 5. The decisions are quick because these tribunal s are not overburdened with work. They have some discretionary (optional) power so they are flexible. The cost of proceeding is too low. They employ experts in their respective fields. The procedure to be followed is straightforward.

DISADVANTAGES 1. These are sometimes held in private so the basic requirements of the justice may not be fulfilled. 2. The parties are not permitted sometimes to be represented by lawyers. 3. Rights of appeal are limited in some cases. 4. The discretion of a tribunal is sometimes so wide that the decision may be inconsistent and illogical. 5. The officials do not act impartially in most of the cases.

SOURCES OF LAW Refers to the various factors which contribute and determine the content of law and the organs through which laws are created.