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…That the Honourable court be pleased to grant an order declaring that the unfair administrative action reposed in the blatantly illegal and unlawful administrative action reposed in the advertisement of vacancies vide the…

…as an administrative action. 12.…

…action under Sections 9(1) to 9(5), of the Fair Administrative Actions Act (FAAA), 2015. 15.…

…It is their further submission that the Magistrates Court has jurisdiction to hear and determine disputes on alleged unfair administrative action under Section 9(1) to 9(5), Fair Administrative Actions Act (FAAA), 2015. 22…

…The Applicant’s Notice of Motion is dated 4th March, 2024, brought pursuant to Articles 23(3), 47, 165 and 258 of the Constitution of Kenya (2010), and Sections 3, 5, 7, 9 & 12 of the Fair Administrative Actions Act, 2015…

…action. 5.…

…THAT no reason/s has been advanced to the applicant for not effecting the said changes, a fair capability process has been violated and the provisions of the Labour Relations Act 2007 and Fair Administrative Action Act which…

…provides that every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair.…

…has not complied with the provisions of regulation 156(4) and (5) of the Code of Regulation for Teachers, 2015 to warrant issuance of the orders sought hence the claim offends the provisions of section 9(2) of the Fair Administrative…

…Action Act, cap 7 Laws of Kenya. 4.…

…Action Act, for fair administrative action violations.…

…She has not sought to be exempted under section 9(4) of the Fair Administrative Action Act, from strict adherence to it, if she meant to anchor her case on the Fair Administrative Action Act. 40.…

…Where the judicial review proceedings are founded on the Fair Administrative Action Act, Cap. 7L, Laws of Kenya, then the provisions of the Fair Administrative Action Act and the Fair Administrative Action Rules, on appeals…

…The provisions of the Fair Administrative Action Act and the Fair Administrative Action Rules, on appeals, would, therefore, be critical. 11.…

…Fair administrative action (1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. (2) If a right or fundamental freedom of a person has been or is…

…action or decision is unreasonable; (l) the administrative action or decision is not proportionate to the interests or rights affected; (m) the administrative action or decision violates the legitimate expectations of the…

…Section 4 of the Fair Administrative Action Act, 2015 provides as follows: 4.…

…Under section 2 of the Fair Administrative Action Act, an administrative action is defined as follows: "Administrative action" includes (a) the powers, functions and duties exercised by authorities or quasi-judicial tribunals…

…Action Act, 2015 which guarantee expeditious, reasonable and efficient administrative action. 10.…

…Section 7 of the fair Administrative Action Act provides for institution of proceedings and states that: (1) Any person who is aggrieved by an administrative action or decision may apply for review of the administrative action…

…Further, he submitted that the ex parte applicants having invoked Rule 5 of the Fair Administrative Action Rules which was stayed, is fatal because no leave was required under the Fair Administrative Action Rules.…

…(3) of the Fair Administrative Action Rules, 2024.…

…action or decision is unreasonable; (l) the administrative action or decision is not proportionate to the interests or rights affected; (m) the administrative action or decision violates the legitimate expectations of the…

…person to whom it relates; (n) the administrative action or decision is unfair; or (o) the administrative action or decision is taken or made in abuse of power. 44.…

…Section 4 of the Fair Administrative Action Act.…

…Section 7 of the Fair Administrative Action Act provides for institution of judicial review proceedings and states that; (1) Any person who is aggrieved by an administrative action or decision may apply for review of the…

…The Applicants argue that this prolonged silence amounts to administrative action by omission, which is reviewable under the Fair Administrative Action Act. 29.…

…Whether the delay complained of amounts to unlawful administrative action under Article 47 of the Constitution and the Fair Administrative Action Act. 3.…

…action, as articulated by Sections 3, 4, 5, 6, 7 and 11 of the Fair Administrative Action Act, and further guaranteed under Articles 10, 47 and 232 of the Constitution; and (5) the costs of this Application be provided for…

…Section 2 (b) of the Fair Administrative Action Act stipulates that in this Act, unless the context otherwise requires– "administrative action" includes any act, omission or decision of any person, body or authority that…

…Similarly, Section 4 (1) of the Fair Administrative Action Act provides that every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair. 26.…

…action or decision is unreasonable; (l)The administrative action or decision is not proportionate to the interests or rights affected; (m)The administrative action or decision violates the legitimate expectations of the…

…Accordingly, such administrative action is ultra vires, arbitrary, and without legal foundation.…

…This requirement is what informs the key procedural steps set down by the law of giving of notice of an administrative action, and provision of the evidence that will be relied upon during that administrative action. 40.…

…I am guided by De Smith, Woolf & Jowell, “Judicial Review of Administrative Action” 6th Edn.…

…This accords with Section 11 (2) of The Fair Administrative Action Act which stipulates that in proceedings for judicial review relating to failure to take an administrative action, the court may grant any order that is just…

…Section 7(2)(j) of the Fair Administrative Action Act provides that a court may review an administrative action or decision if there was an abuse of discretion, unreasonable delay or failure to act in discharge of a duty…

…Section 7(2)(m) of the Fair Administrative Action Act, 2015 provides that a court or tribunal may review an administrative action or decision if the administrative action or decision violates the legitimate expectation of…