NAIROBI, Kenya Apr 21 \u2013 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.<\/p>\n
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.<\/p>\n
The petition was filed by Katiba Institute, which opposed the request for additional time.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
The suspended rules \u2014 5, 6, 7, 11(4), 27(3), and 33 \u2014 require parties to notify respondents before initiating judicial review proceedings.<\/p>\n
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.<\/p>\n
The organization argues that mandatory pre-notification requirements may disadvantage litigants seeking urgent judicial intervention, particularly in cases involving alleged violations of fundamental rights.<\/p>\n
The High Court is expected to issue further directions once the 30-day period lapses and the respondents file their submissions.<\/p>\n
The outcome of the case is likely to have significant implications for judicial review procedures and the broader enforcement of administrative justice in Kenya.<\/p>","protected":false},"excerpt":{"rendered":"
NAIROBI, Kenya Apr 21 \u2013 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, […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-138523","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/138523","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=138523"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/138523\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=138523"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=138523"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=138523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}