Koome’s Office Given 30 Days to Respond to Petition Challenging Fair Administrative Action Rules, 2024
The matter will be mentioned again after the expiry of the 30-day period for further directions.
Chief Justice Martha Koome speaking at the Supreme Court buildings following the swearing-in of the new chair and commissioners of the Independent Electoral and Boundaries Commission (IEBC) on July 11, 2025. Photo/Courtesy
By Ruth Sang
The High Court has directed the office of Chief Justice Martha Koome and the Judicial Service Commission to file their response within 30 days in a petition challenging the legality of provisions in the Fair Administrative Action Rules, 2024.
Justice Gregory Mutai issued the directions during a mention of the case in which the petitioner, Katiba Institute, is contesting several provisions of the regulations, arguing that they impose unconstitutional barriers to access to justice.
Through lawyer Malidzo Nyawa, the petitioner opposed the request for additional time, faulting what he termed as repeated delays by the respondents.
“Unfortunately, that has been the story since 2025. They have consistently asked for more time, even one year later,” Nyawa told the court.
He urged the court to impose strict timelines, suggesting that any extension should be conditional on the filing of a replying affidavit within the set period.
On the other hand, counsel representing the Judicial Service Commission defended the request, arguing that sufficient time was necessary to adequately respond to the issues raised.
“If possible, this matter should be resolved as soon as possible in the best interest of our client. To properly address the issues raised, we are requesting 30 days to prepare a detailed response that may assist in settling the matter,” the respondent’s lawyer said.
The case stems from a petition challenging several provisions of the Fair Administrative Action Rules, 2024, including rules 5, 6, 7, 11(4), 27(3), and 33. The contested sections introduce procedural requirements such as mandatory notification to respondents before initiating judicial review proceedings.
Katiba Institute argues that the provisions create unnecessary legal hurdles and undermine the constitutional right to access justice as enshrined in the Constitution of Kenya, 2010.
The High Court had previously issued conservatory orders suspending the implementation of the challenged provisions pending the determination of the case.
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