Judicial review in Kenya: challenging government decisions

When a public body — a ministry, county government, licensing board or regulator — makes a decision affecting you, Article 47 of the Constitution and the Fair Administrative Action Act, 2015 require that decision to be lawful, reasonable and procedurally fair.

Your rights

• prior and adequate notice of the proposed action,
• an opportunity to be heard,
• written reasons where your rights are adversely affected, and
• information on the right of review or appeal.

Judicial review

The High Court can review an administrative decision and grant:

• certiorari — quashing the decision,
• prohibition — stopping an unlawful action,
• mandamus — compelling a public body to perform a duty, and
• declarations and injunctions.

Exhaust internal remedies first

Courts usually require you to use any internal appeal or review mechanism (for example, a tribunal) before coming to court.

Act promptly

Judicial review applications must be brought without undue delay, and for some orders strict time limits apply.

This article is general information, not legal advice on your situation.

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