Today, we appeared before Hon. Justice Gregory Mutai for a mention of our Petition contesting the constitutionality of the Fair Administrative Action Rules, 2024.

On 28 March 2025, Katiba Institute filed a constitutional petition challenging, in particular, Rules 5, 6, 7, 11(4), 27(3), and 33 of the Rules. The impugned Rules seek to reintroduce a notice-to-sue requirement, impose shorter timelines for quashing administrative decisions, require the pleading of damages, and limit the Court’s power to grant relief where such relief would cause substantial hardship, prejudice, or be detrimental to good administration.

Katiba Institute argues that these Rules are not only regressive but also pose a threat to a democratic society grounded in transparency, the rule of law, constitutionalism, good governance, accountability, and human rights.

Hon. Justice Bahati Mwamuye granted orders suspending the implementation of the impugned Rules, which were subsequently confirmed on 4 April 2025. Despite the passage of more than a year since the filing of the Petition, the Office of the Chief Justice has not yet filed its Replying Affidavit, delaying the progress of the case.

Today, the Court granted the Office of the Chief Justice a further 30 days to file its response.

The matter is scheduled for mention on 15 June 2025 for further directions.

Litigating Counsel: Joshua Malidzo Nyawa