Judicial review occupies a central position in Kenya's constitutional architecture as a mechanism for ensuring that administrative bodies and public officials exercise their powers within the bounds of law. Under Article 47 of the Constitution, every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. This constitutional guarantee is operationalized through the Fair Administrative Action Act, 2015, which provides the statutory framework for judicial review proceedings.
The scope of judicial review in Kenya extends to all administrative actions by state organs, state officers, and public bodies, as well as private bodies exercising public functions or performing functions that affect fundamental rights. This broad jurisdiction ensures that the reach of judicial review keeps pace with the expanding role of both state and non-state actors in governance and service delivery.
The grounds for judicial review in Kenya are well established in both constitutional and common law. These include illegality, where the decision-maker acts beyond their legal powers or fails to comply with mandatory legal requirements; irrationality, where the decision is so unreasonable that no reasonable authority could have made it; and procedural impropriety, where there is a failure to observe the rules of natural justice or to follow prescribed procedures. The Constitution has expanded these traditional grounds to include proportionality, meaning that administrative action must not be disproportionately restrictive of a constitutional right.
The remedies available in judicial review proceedings include orders of certiorari to quash unlawful decisions, mandamus to compel the performance of a public duty, prohibition to prevent an anticipated unlawful act, injunctions, and declarations. The court may also award damages in appropriate cases where a constitutional right has been violated through administrative action.
Timeliness is critical in judicial review proceedings. Under the Fair Administrative Action Act, an application for judicial review must be filed within six months from the date of the administrative action. However, the court has discretion to extend this period where it is in the interest of justice to do so. This balance between finality and access to justice ensures that judicial review remains both effective and efficient as a tool for administrative accountability.