Challenging an unfair government decision in court (judicial review)
Fair Administrative Action Act, 2015 and Law Reform Act · sources read 3 Oct 2026
If a government office or other public body made an unlawful, biased, unfair or unreasonable decision against you, you can ask the High Court (or a tribunal with that power) to review it, usually after first using any internal appeal. The court must decide within 90 days and can cancel the decision, send it back, or order the office to act.
- How long
- The court must decide a review application under the Act within 90 days of filing.
- Deadline
- To have a judgment, order, decree, conviction or other proceeding quashed (certiorari), leave must be sought within 6 months of its date.
- Deadline
- Otherwise, apply without unreasonable delay.
- Where
- The office's internal appeal first; then the High Court (or a tribunal where a law allows); appeals to the Court of Appeal
Steps
- First use any internal appeal or review the office or law provides. The court will normally send you back if you skip it.
- Apply for judicial review at the High Court, without unreasonable delay. Some laws let a tribunal review the decision instead.
- Ask for the order you need: for example, setting the decision aside and sending it back, stopping the office, making it act, or making it give reasons.
- If you disagree with the High Court's judicial review order, you can appeal to the Court of Appeal.
Watch out
- The court can excuse you from using the internal appeal first, but only in exceptional circumstances and if you ask.
- The court hears judicial review without undue focus on procedural technicalities.
Who this covers
- Any person aggrieved by an administrative action or decision.
- For example, if you were not given a fair chance to state your case before the decision.
- Or if the decision was unreasonable.
- Or if the person who decided was biased, or may reasonably be suspected of bias.
Official sources (3)
- Fair Administrative Action Act, No. 4 of 2015 ombudsman.go.ke · read 3 Oct 2026
- Law Reform Act (Cap. 26) new.kenyalaw.org · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026