Section 4 of The Fair Administrative Action Act CAP 7L: Administrative action to be taken expeditiously, efficiently, lawfully etc.
(1) Every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair.
(2) Every person has the right to be given written reasons for any administrative action that is taken against him.
(3) Where an administrative action is likely to adversely affect the rights or fundamental freedoms of any person, the administrator shall give the person affected by the decision–
(a) prior and adequate notice of the nature and reasons for the proposed administrative action;
(b) an opportunity to be heard and to make representations in that regard;
(c) notice of a right to a review or internal appeal against an administrative decision, where applicable;
(d) a statement of reasons pursuant to section 6;
(e) notice of the right to legal representation, where applicable;
(f) notice of the right to cross-examine or where applicable; or
(g) information, materials and evidence to be relied upon in making the decision or taking the administrative action.
(4) The administrator shall accord the person against whom administrative action is taken an opportunity to–
(a) attend proceedings, in person or in the company of an expert of his choice;
(b) be heard;
(c) cross-examine persons who give adverse evidence against him; and
(d) request for an adjournment of the proceedings, where necessary to ensure a fair hearing.
(5) Nothing in this section, shall have the effect of limiting the right of any person to appear or be represented by a legal representative in judicial or quasi-judicial proceedings.
(6) Where the administrator is empowered by any written law to follow a procedure which conforms to the principles set out in Article 47 of the Constitution, the administrator may act in accordance with that different procedure.
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- Section 5 - Administrative action affecting the public
(1) In any case where any proposed administrative action is likely to materially and adversely affect the legal rights or interests of a group of persons or the general public, an administrator...
- Section 6 - Request for reasons for administrative action
(1) Every person materially or adversely affected by any administrative action has a right to be supplied with such information as may be necessary to facilitate his or her application for an appeal...
- Section 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...
- Section 8 - Period for determination of applications and appeals
An application for the review of an administrative action or an appeal under this Act shall be determined within ninety days of filing the application.
- Section 9 - Procedure for judicial review
(1) 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 High Court or to
a...
- Section 10 - Rules
(1) An application for judicial review shall be heard and determined without undue regard to procedural technicalities.
(2) The Chief Justice may make rules of practice for regulating the procedure...
- Section 11 - Orders in proceedings for judicial review
(1) In proceedings for judicial review under section 8(1), the court may grant any order that is just and equitable, including an order–
(a) declaring the rights of the parties in respect of any...
- Section 12 - Principles of common law and rules of natual justice
This Act is in addition to and not in derogation from the general principles of common law and the rules of natural justice.
- Section 13 - Regulations
(1) The Cabinet Secretary may, in consultation with the Commission on Administrative Justice, make regulations for the better carrying out of the provisions of this Act.
(2) Regulations made under...
- Section 14 - Transition provisions
(1) In all proceedings pending whether preparatory or incidental to, or consequential upon any proceedings in court at the time of the coming into force of this Act, the provisions of this Act shall...