Kenya Administrative Law :SOURCES OF ADMIN POWER

Admin power is conferred by law  therefore it is both where officials derive their authority and where they define their boundaries.

(1) Constitution:
Ultimate source of admin power.
Constitutional supremacy means that any other laws giving such admin power must comply with the Constitution.
However, it is not the most important source.

(2) Original and Delegated Legislation:
Most important source.
Makes provisions which confer power.
Original legislation (made by Parliament) confers authority on administration and its officials to take action and make decisions.
Delegated legislation (authorized by original legislation) may do the same.
However, there are restraints to this.

(3) Executive Powers:

(4) African Customary Law:
Traditional leaders exercise great power over their people, and such power is derived from and defined by customary law.
The Constitution recognizes such customary law, although limits its effect to other constitutional provisions.
Courts may regard customary law as a source of admin power, as long as it does not conflict with public policy, the Constitution or any other existing legislation.
However, customary law is an unlikely source because of its lack of uniformity and general arbitrariness.

(5) Estoppel:
If an admin agency makes a representation on which someone relies and suffers harm, that agency is cannot later deny the truthfulness of the representation.
However, if one is to rely on the doctrine of estoppel, administrators could give themselves new powers, as estoppel would have the effect of ratifying decisions which the officials were not allowed to make (this would clearly conflict with the principle that administrators need authority to act).
However, courts will apply estoppel where it would result in the waiving of an internal requirement rather than a legal formality.