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Article 47(1) of the Constitution of Kenya and Section 4(1) of the Fair Administrative Action Act.

Right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair

“every person has the right to fair administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair".

Every person has the right to be given written reasons for any administrative action that is taken against him.

Where an administrative action is likely to adversely affect the rights or fundamental freedoms of any person, the administrator shall give the person affected by the decision–

(a) prior and adequate notice of the nature and reasons for the proposed administrative action;

(b) an opportunity to be heard and to make representations in that regard;

(c) notice of a right to a review or internal appeal against an administrative decision, where applicable;

(d) a statement of reasons;

(e) notice of the right to legal representation, where applicable;

(f) notice of the right to cross-examine or where applicable; or

(g) information, materials and evidence to be relied upon in making the decision or taking the administrative action.

Resource Information
Author
Firu
Category
Litigation Corner, Pleading Aids
Firu Africa

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