Find answers to common questions about my legal services and expertise.
Administrative law is the body of law that governs the activities of government agencies and public officials. It ensures that administrative actions are lawful, reasonable, and procedurally fair.
To provide a legal framework for public administration and to protect individuals from abuse of power by public authorities by ensuring transparency, accountability, and fairness in decision-making
Judicial review is the legal process by which a court examines the lawfulness of a decision or action taken by a public authority. It’s not an appeal, but a review of how the decision was made.
It refers to administrative actions that are lawful, reasonable, and procedurally fair, as guaranteed under Article 47 of the Kenyan Constitution and the Fair Administrative Action Act, 2015.
Any person who is adversely affected by an administrative decision or action has the locus standi (legal standing) to file for judicial review in the High Court.
Certiorari – to quash a decision.
Mandamus – to compel action.
Prohibition – to prevent an unlawful action.
Declaration – a statement of legal rights.
Injunctive relief – to prevent further harm
Laws or regulations made by ministers, Cabinet Secretaries, or public bodies under powers granted by an Act of Parliament. Examples: rules, regulations, bylaws
A principle that ensures fairness in administrative procedures, including:
The right to be heard.
The rule against bias.
The duty to give reasons
Yes, depending on the law, some administrative decisions allow for internal appeals, tribunal hearings, or judicial review before the High Court.
Under Order 53 of the Civil Procedure Rules, an application for leave to file judicial review must be made within 6 months from the date of the decision.
Administrative review is a review by the same or higher administrative body (e.g., review within KRA or a ministry). Judicial review is a legal challenge in court on procedural or legal grounds.
Grounds for Judicial Review:
* Illegality – The public body acted outside the scope of its lawful powers.
* Irrationality – The decision made was so unreasonable that no reasonable authority could ever have come to it.
* Procedural Impropriety – There was a failure to follow fair or legally prescribed procedures.
* Bias or Bad Faith – The decision was influenced by partiality or dishonest intent.
* Failure to Give Reasons – Particularly relevant under Article 47 of the Constitution of Kenya, which guarantees the right to fair administrative action.
* Violation of Natural Justice – The body failed to observe the rules of natural justice applicable to the case.
* Unfairness – The decision-maker failed in their duty to act fairly.
* Fundamental Misdirection – The decision-maker misdirected themselves in law or fact, rendering the decision legally void.
* Ultra Vires Action – The public authority acted without legal authority (ultra vires), thus making the action null and void.