[Rev. 2022]
Fair Administrative Action
CAP. 7L
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.
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 subordinate court upon which original
jurisdiction is conferred pursuant to Article 22(3) of the Constitution.
(2) The High Court or a subordinate court under subsection (1) shall not review
an administrative action or decision under this Act unless the mechanisms including
internal mechanisms for appeal or review and all remedies available under any
other written law are first exhausted.
(3) The High Court or a subordinate Court shall, if it is not satisfied that the
remedies referred to in subsection (2) have been exhausted, direct that applicant
shall first exhaust such remedy before instituting proceedings under subsection (1).
(4) Notwithstanding subsection (3), the High Court or a subordinate Court
may, in exceptional circumstances and on application by the applicant, exempt
such person from the obligation to exhaust any remedy if the court considers such
exemption to be in the interest of justice.
(5) A person aggrieved by an order made in the exercise of the judicial review
jurisdiction of the High Court may appeal to the Court of Appeal.
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
and practice in matters relating to judicial review of administrative action.
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 matter to which the
administrative action relates;
(b) restraining the administrator from acting or continuing to act in breach
of duty imposed upon the administrator under any written law or from
acting or continuing to act in any manner that is prejudicial to the legal
rights of an applicant;
(c) directing the administrator to give reasons for the administrative action
or decision taken by the administrator;
(d) prohibiting the administrator from acting in a particular manner;
(e) setting aside the administrative action or decision and remitting
the matter for reconsideration by the administrator, with or without
directions;
(f) compelling the performance by an administrator of a public duty owed
in law and in respect of which the applicant has a legally enforceable
right;
(g) prohibiting the administrator from acting in a particular manner;
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