The Fair Administrative Action Act Cap 7L in Kenya

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14 sections

• Section 1 of The Fair Administrative Action Act CAP 7L: Short title
  

  This Act may be cited as the Fair Administrative Action Act.

  
  
• Section 2 of The Fair Administrative Action Act CAP 7L: Interpretation
  

  In this Act, unless the context otherwise requires– "administrative action" includes– (a) the powers, functions and duties exercised by authorities or quasi-judicial tribunals; or (b) any act, omission or decision of any person, body or authority that affects the legal rights or interests of any...

  
  
• Section 3 of The Fair Administrative Action Act CAP 7L: Application
  

  This Act applies to all state and non-state agencies, including any person– (a) exercising administrative authority; (b) performing a judicial or quasi-judicial function under the Constitution or any written law; or (c) whose action, omission or decision affects the legal rights or interests of...

  
  
• 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...

  
  
• Section 5 of The Fair Administrative Action Act CAP 7L: 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 shall– (a) issue a public notice of the proposed administrative action inviting public views in that...

  
  
• Section 6 of The Fair Administrative Action Act CAP 7L: 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 or review in accordance with section 5. (2) The information referred to in subsection (1), may...

  
  
• Section 7 of The Fair Administrative Action Act CAP 7L: 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...

  
  
• Section 8 of The Fair Administrative Action Act CAP 7L: 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 of The Fair Administrative Action Act CAP 7L: 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 subordinate court upon which original jurisdiction is conferred pursuant to Article 22(3) of the...

  
  
• Section 10 of The Fair Administrative Action Act CAP 7L: 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 and practice in matters relating to judicial review of administrative action.

  
  
• Section 11 of The Fair Administrative Action Act CAP 7L: 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 matter to which the administrative action relates; (b) restraining the administrator from acting or...

  
  
• Section 12 of The Fair Administrative Action Act CAP 7L: 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 of The Fair Administrative Action Act CAP 7L: 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 subsection (5) shall, before publication in the Gazette, be approved by Parliament.

  
  
• Section 14 of The Fair Administrative Action Act CAP 7L: 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 apply, but without prejudice to the validity of anything previously done. (2) Despite subsection...