Question

Your friend from Kenya has asked you to explain the following terms and their implication in the working of the courts in your county. Write notes to him about these terms:
(a) Habeas Corpus;
(b) Mandamus;
(c) Prohibition;
(d) Certiorari;
(e) Quo-Warranto.

Answer 1

• Habeas Corpus: The writ of Habeas Corpus is issued by the court to effect the release of a person who has not been detained legally.
  
• Mandamus: The writ of Mandamus meaning ‘Command’, is addressed to a public authority to command him to do a duty which he is supposed to do but he has not performed.
  
• Prohibition: The writ of Prohibition is issued by the Supreme Court or the High Court against the lower courts to prevent the latter from usurping their designated jurisdiction. Thus, the writ of Prohibition ensures that the lower courts should limit their activities within the limit of their jurisdiction and should not go beyond that limit.
  
• Certiorari: The writ of Certiorari is also issued against inferior courts by the Supreme Court or High Courts if the lower court has violated their jurisdiction and pronounced the decision on the case.
  
• Quo-Warranto: This writ of Quo-Warranto is issued against a person occupying a public office which he is not entitled to.