Your right to reasons and a fair hearing from a government office
Constitution of Kenya and Fair Administrative Action Act, 2015 · sources read 2 Oct 2026
Every person has the right to administrative action that is quick, efficient, lawful, reasonable and procedurally fair, and to written reasons for action taken against them. If you ask in writing, the office must give you its reasons in writing within 30 days.
- Deadline
- The office must give written reasons within 30 days of receiving your written request.
- Deadline
- A court must decide a review application under this Act within 90 days of filing.
- Where
- The office that made the decision (in writing); the Commission on Administrative Justice; the High Court for judicial review
Steps
- Before action that is likely to affect your rights, the office must give you notice of what it plans and why, and a chance to be heard and make your case.
- Ask the office in writing for its reasons and any relevant documents. It must reply in writing with the reasons within 30 days.
- Use the office's internal appeal or review first. The court will usually send you back to do this before it hears your case.
- You can also complain to the Commission on Administrative Justice (Ombudsman).
- Apply for judicial review at the High Court (or a subordinate court with that power) without unreasonable delay. The court can set the decision aside, order the office to give reasons, or order it to act.
Watch out
- If the office fails to give reasons, the court will presume the decision was taken without good reason, unless shown otherwise.
- An office may refuse to give full reasons if that is reasonable and justifiable in the circumstances, but it must tell you it is doing so.
- If another law gives the office its own fair procedure, it may follow that procedure instead.
Who this covers
- Anyone affected by a decision of a state or non-state body exercising administrative authority, or whose action affects your legal rights or interests.
- Every person whose rights are, or are likely to be, adversely affected by administrative action has a right to written reasons.
Official sources (2)
- Fair Administrative Action Act, No. 4 of 2015 ombudsman.go.ke · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026