Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…However, I must correct the impression that the High Court has exclusive jurisdiction to enforce violation of every right to fair administrative action as implemented by the Fair Administrative Action Act, even where the…
…Action Act (FAAA), where the administrative action directly relates to land, environment or associated planning matters.…
Division and case type: High Court Judicial ReviewJudicial Review
…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.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Action Act, resulting in the Petitioner being subjected to unlawful administrative action, contrary to Article 47 of the Constitution. h) That the PIC failed to consider the file of the patient (the 1st Interested Party)…
…Action Act, resulting in the Petitioner being subjected to unreasonable administrative action contrary to Article 47 of the Constitution. j) That PIC failed to call and consider the testimony of the 3rd Interested Party…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Fair Administrative Actions Act, FAAA, 2015 29. The Fair Administrative Action Act was enacted in 2015 to give effect to the provisions of Article 47(3) of the Constitution.…
…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…
Division and case type: High Court Judicial ReviewJudicial Review
…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.…
Division and case type: High Court CivilJudicial Review
…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…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…(ii) Whether the Respondents violated Article 47 of the Constitution and the Fair Administrative Action Act (21) Article 47 of the Constitution entrenches the right to fair administrative action and provides as follows: “…
…and Section 4 of the Fair Administrative Action Act.…
Division and case type: High Court Judicial ReviewJudicial Review
…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…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…She relied on Rule 4 of Fair Administrative Action Rules and maintained that this court has unfettered discretion.…
…The above constitutional provision is implemented by the Fair Administrative Action, 2015 and Rules made thereunder.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Section 6 of the Act provides that a person who is aggrieved by an administrative action or decision may apply for review of the administrative action or decision to a court in accordance with section 8; or a tribunal in…
…On the other hand, section 9(1) provides that subject to subsection (2), a person who is aggrieved by an administrative action may, without unreasonable delay, apply for judicial review of any administrative action to the…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…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 likely to be adversely affected by administrative action…
…Section 9 of the FAAA sets out the procedure for judicial review of an administrative action as follows: (1) Subject to subsection (2), a person who is aggrieved by an administrative action may, without unreasonable delay…
Division and case type: High Court Judicial ReviewJudicial Review
…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…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…Article 47 of the Constitution on fair administrative action provides: 1. Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. 2.…
…Pursuant to article 47(3), Parliament enacted the Fair Administrative Action Act. Under Section 2 of the said Act, "administrative action" is expressed to include: i.…
Division and case type: High Court Judicial ReviewJudicial Review
…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.…
Division and case type: High Court DivJudicial Review
…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.…
Division and case type: High Court Judicial ReviewJudicial Review
…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.…
Division and case type: High Court Judicial ReviewJudicial Review
…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…
Division and case type: High Court CivilJudicial Review
…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…
Division and case type: High Court Judicial ReviewJudicial Review
…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.…
Division and case type: High Court Judicial ReviewJudicial Review
…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…