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(a) Declaration:
This is a high court order which authoritatively articulates the legal position of the
matter before the court for example and a declaration of a persons individual rights.
The order is incapable of being executed.
(b) Prohibition:
This is an order directed to usurpers forbidding them from commencing or proceeding in
a cause pending before them.
It is ordinarily made in circumstances in which a court tribunal or official has no
jurisdiction to proceed in a particular manner for example, improper constitution, non-compliance with an essential preliminary requirement.
The order prevents a court of tribunal from exceeding or continuing to exceed
its jurisdiction or infringing the rules of natural justice.
Disobedience is punishable by contempt of court.
(c) Certiorari:
This is an order of the high court to a subordinate court, tribunal or authority requiring it
to produce a certified copy of a particular case for review and if found inappropriate the decision is quashed.
The order enables the high court to examine proceedings in other bodies to determine whether there have been any irregularities and may be made where a court,tribunal or authority has:
(i) Exceeded jurisdiction.
(ii) Violated the rules of natural justice.
(iii) An error on the face of the record.
(d) Mandamus:
This is an order of the High Court directed to any person corporation or court requiring the
same to do a particular thing appertaining to a public office or duty if the same has been refused
by the official or public authority. It secures performance by tribunals, courts, public officials
and administrative authorities.
(e) Habeas Corpus:
Literally means produce body.
This is an order of the high court directed to a detaining authority demanding the
production of the body of the detainee, before the court to show cause why he should not
be released forthwith.
It tests the legality of the detention or imprisonment.
Its function is to secure the release of a person in unlawful custody.
It is generally availed in circumstances in which a persons right of personal liberty is
violated.
maurice.mutuku answered the question on April 30, 2018 at 07:02
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