NAIROBI, Kenya Apr 21 – The High Court has granted the office of the Chief Justice and the Judicial Service Commission (JSC) 30 days to file a response in a petition contesting the legality of key provisions in the Fair Administrative Action Rules, 2024.
The direction was issued during a mention before Justice Gregory Mutai, setting the stage for the next phase of a case that questions the impact of the rules on access to justice.
The petition was filed by Katiba Institute, which opposed the request for additional time.
Through its lawyer Malidzo Nyawa, the institute argued that repeated adjournments have slowed progress in the case, describing the delay as a recurring pattern dating back to 2025.
Nyawa urged the court to impose strict timelines, proposing that any extension be tied to a firm requirement for the respondents to file their reply within the granted period.
Lawyers representing the JSC, however, defended the application, telling the court that more time was necessary to prepare a comprehensive response to the constitutional issues raised.
They argued that a detailed submission would help the court effectively determine the dispute and potentially expedite its resolution once all arguments are properly presented.
The case arises from earlier conservatory orders issued by the High Court, which temporarily halted the implementation of several provisions of the Fair Administrative Action Rules, 2024.
The suspended rules — 5, 6, 7, 11(4), 27(3), and 33 — require parties to notify respondents before initiating judicial review proceedings.
Katiba Institute contends that these provisions introduce unnecessary procedural barriers and could limit access to justice, contrary to guarantees under the Constitution of Kenya, 2010.
The organization argues that mandatory pre-notification requirements may disadvantage litigants seeking urgent judicial intervention, particularly in cases involving alleged violations of fundamental rights.
The High Court is expected to issue further directions once the 30-day period lapses and the respondents file their submissions.
The outcome of the case is likely to have significant implications for judicial review procedures and the broader enforcement of administrative justice in Kenya.