Fair Administrative Action Act

7. Institution of proceedings

Edition: 2022-12-31 · In force

7. Institution of proceedings

(1)Any person who is aggrieved by an administrative action or decision may apply for review of the administrative action or decision to–

(a)a court in accordance with section 8; or

(b)a tribunal in exercise of its jurisdiction conferred in that regard under any written law.

(2)A court or tribunal under subsection (1) may review an administrative action or decision, if–

(a)the person who made the decision–

(i)was not authorized to do so by the empowering provision;

(ii)acted in excess of jurisdiction or power conferred under any written law;

(iii)acted pursuant to delegated power in contravention of any law prohibiting such delegation;

(iv)was biased or may reasonably be suspected of bias; or

(v)denied the person to whom the administrative action or decision relates, a reasonable opportunity to state the person's case;

(b)a mandatory and material procedure or condition prescribed by an empowering provision was not complied with;

(c)the action or decision was procedurally unfair;

(d)the action or decision was materially influenced by an error of law;

(e)the administrative action or decision in issue was taken with an ulterior motive or purpose calculated to prejudice the legal rights of the applicant;

(f)the administrator failed to take into account relevant considerations;

(g)the administrator acted on the direction of a person or body not authorised or empowered by any written law to give such directions;

(h)the administrative action or decision was made in bad faith;

(i)the administrative action or decision is not rationally connected to–

(i)the purpose for which it was taken;

(ii)the purpose of the empowering provision;

(iii)the information before the administrator; or

(iv)the reasons given for it by the administrator;

(j)there was an abuse of discretion, unreasonable delay or failure to act in discharge of a duty imposed under any written law;

(k)the administrative 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.

(3)The court or tribunal shall not consider an application for the review of an administrative action or decision premised on the ground of unreasonable delay unless the court is satisfied that–

(a)the administrator is under duty to act in relation to the matter in issue;

(b)the action is required to be undertaken within a period specified under such law;

(c)the administrator has refused, failed or neglected to take action within the prescribed period.

Case law referring to this provision

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Source: Kenya Law