Kenya’s Legal Framework for Judicial Review Strengthened

The Fair Administrative Action Rules, 2024 Come into Effect

Introduction

The legal landscape of administrative justice in Kenya has taken a significant leap forward with the enactment of The Fair Administrative Action Rules, 2024 (Legal Notice 165 of 2024). These Rules, published in the Kenya Gazette on 25th October 2024 and effective from 11th October 2024, provide a structured and streamlined process for challenging administrative decisions through judicial review.

Key Highlights of the New Rules

1. Clearer Judicial Review Procedures

The Rules establish a well-defined procedure for filing judicial review applications, ensuring timely and efficient resolution of administrative disputes. Key procedural provisions include:

• A mandatory notice of intention to sue before filing a judicial review application.
• A six-week limitation period for applications seeking to quash administrative decisions.
• The requirement for case management conferences to enhance efficiency in judicial review proceedings.

2. Stricter Requirements for Mandamus Orders

Applications seeking orders of mandamus (compelling an administrator to act) must meet specific conditions, including proving that a legal duty exists and that the applicant has issued a formal notice to sue.

3. Recognition of Alternative Dispute Resolution (ADR)

The Rules encourage the resolution of administrative disputes through ADR, aligning with Kenya’s growing emphasis on non-litigious conflict resolution mechanisms.

4. Expanded Jurisdiction and Venue Considerations

Judicial review applications should initially be filed in the lowest competent court to hear the matter. The Rules also provide for the transfer of cases where necessary.

5. Enhanced Compliance Mechanisms

Failure to comply with the Rules may result in:

• Striking out of pleadings or applications.
• Dismissal of judicial review claims.
• Adverse cost orders against non-compliant parties.

6. Appeals and Execution of Court Orders

The Rules provide structured timelines for appeals and introduce mechanisms for setting aside orders, ensuring that justice is not delayed or denied.

Implications for Litigants and Legal Practitioners

The introduction of The Fair Administrative Action Rules, 2024 marks a crucial step in enhancing accountability, efficiency, and fairness in Kenya’s administrative justice system. Government bodies, corporations, and individuals affected by administrative decisions must now navigate these new procedural requirements to ensure compliance and success in judicial review applications.

Conclusion

With the implementation of these Rules, Kenya’s administrative law framework is poised for greater clarity and accessibility. It is essential for legal practitioners, businesses, and the public to familiarize themselves with these new provisions to effectively protect their rights against unfair administrative actions.