Fair Administrative Action Act

Section 1. Short title Section This Act may be cited as the Fair Administrative Action Act.

Section 2. Interpretation Section the powers, functions and duties exercised by authorities or quasi-judicial tribunals; or

Section 3. Application Section exercising administrative authority;

Section 4. Administrative action to be taken expeditiously, efficiently, lawfully etc. Section 4(1) Every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair. Section 4(2) Every person has the right to be given written reasons for any administrative action that is taken against him. Section 4(3)(a) prior and adequate notice of the nature and reasons for the proposed administrative action; Section 4(3)(b) an opportunity to be heard and to make representations in that regard; Section 4(3)(c) notice of a right to a review or internal appeal against an administrative decision, where applicable; Section 4(3)(d) a statement of reasons pursuant to section 6 ; Section 4(3)(e) notice of the right to legal representation, where applicable; Section 4(3)(f) notice of the right to cross-examine or where applicable; or Section 4(3)(g) information, materials and evidence to be relied upon in making the decision or taking the administrative action. Section 4(4)(a) attend proceedings, in person or in the company of an expert of his choice; Section 4(4)(b) be heard; Section 4(4)(c) cross-examine persons who give adverse evidence aga...

Section 5. Administrative action affecting the public Section 5(1)(a) issue a public notice of the proposed administrative action inviting public views in that regard; Section 5(1)(b) consider all views submitted in relation to the matter before taking the administrative action; Section 5(1)(c) consider all relevant and materials facts; and Section 5(1)(d) give reasons for the decision of administrative action as taken; Section 5(1)(d)(i) give reasons for the decision of administrative action as taken; Section 5(1)(d)(ii) issue a public notice specifying the internal mechanism available to the persons directly or indirectly affected by his or her action to appeal; and Section 5(1)(d)(iii) specify the manner and period within the which such appeal shall be lodged. Section 5(2)(a) challenge any administrative action or decision in accordance with the procedure set out under the Commission on Administrative Justice Act (Cap. 7J) or any successor to the Commission on Administrative Justice under section 55 of the Commission on Administrative Justice Act (Cap. 7J); Section 5(2)(b) apply for review of an administrative action or decision by a court of competent jurisdiction in exercise o...

Section 6. Request for reasons for administrative action Section 6(1) Every person materially or adversely affected by any administrative action has a right to be supplied with such information as may be necessary to facilitate his or her application for an appeal or review in accordance with section 5 . Section 6(2)(a) the reasons for which the action was taken; and Section 6(2)(b) any relevant documents relating to the matter. Section 6(3) The administrator to whom a request is made under subsection (1) shall, within thirty after receiving the request, furnish the applicant, in writing, the reasons for the administrative action. Section 6(4) Subject to subsection (5), if an administrator fails to furnish the applicant with the reasons for the administrative decision or action, the administrative action or decision shall, in any proceedings for review of such action or decision and in the absence of proof to the contrary, be presumed to have been taken without good reason. Section 6(5) An administrator may depart from the requirement to furnish adequate reasons if it is reasonable and justifiable in the circumstances, and shall inform the person making the request of such departur...

Section 7. Institution of proceedings Section 7(1)(a) a court in accordance with section 8 ; or Section 7(1)(b) a tribunal in exercise of its jurisdiction conferred in that regard under any written law. Section 7(2)(a) was not authorized to do so by the empowering provision; Section 7(2)(a)(i) was not authorized to do so by the empowering provision; Section 7(2)(a)(ii) acted in excess of jurisdiction or power conferred under any written law; Section 7(2)(a)(iii) acted pursuant to delegated power in contravention of any law prohibiting such delegation; Section 7(2)(a)(iv) was biased or may reasonably be suspected of bias; or Section 7(2)(a)(v) denied the person to whom the administrative action or decision relates, a reasonable opportunity to state the person's case; Section 7(2)(b) a mandatory and material procedure or condition prescribed by an empowering provision was not complied with; Section 7(2)(c) the action or decision was procedurally unfair; Section 7(2)(d) the action or decision was materially influenced by an error of law; Section 7(2)(e) the administrative action or decision in issue was taken with an ulterior motive or purpose calculated to prejudice the legal rights...

Section 8. Period for determination of applications and appeals Section An application for the review of an administrative action or an appeal under this Act shall be determined within ninety days of filing the application.

Section 9. Procedure for judicial review Section 9(1) Subject to subsection (2), a person who is aggrieved by an administrative action may, without unreasonable delay, apply for judicial review of any administrative action to the High Court or to a subordinate court upon which original jurisdiction is conferred pursuant to Article 22(3) of the Constitution. Section 9(2) The High Court or a subordinate court under subsection (1) shall not review an administrative action or decision under this Act unless the mechanisms including internal mechanisms for appeal or review and all remedies available under any other written law are first exhausted. Section 9(3) The High Court or a subordinate Court shall, if it is not satisfied that the remedies referred to in subsection (2) have been exhausted, direct that applicant shall first exhaust such remedy before instituting proceedings under subsection (1). Section 9(4) Notwithstanding subsection (3), the High Court or a subordinate Court may, in exceptional circumstances and on application by the applicant, exempt such person from the obligation to exhaust any remedy if the court considers such exemption to be in the interest of justice. Sectio...

Section 10. Rules Section 10(1) An application for judicial review shall be heard and determined without undue regard to procedural technicalities. Section 10(2) The Chief Justice may make rules of practice for regulating the procedure and practice in matters relating to judicial review of administrative action.

Section 11. Orders in proceedings for judicial review Section 11(1)(a) declaring the rights of the parties in respect of any matter to which the administrative action relates; Section 11(1)(b) restraining the administrator from acting or continuing to act in breach of duty imposed upon the administrator under any written law or from acting or continuing to act in any manner that is prejudicial to the legal rights of an applicant; Section 11(1)(c) directing the administrator to give reasons for the administrative action or decision taken by the administrator; Section 11(1)(d) prohibiting the administrator from acting in a particular manner; Section 11(1)(e) setting aside the administrative action or decision and remitting the matter for reconsideration by the administrator, with or without directions; Section 11(1)(f) compelling the performance by an administrator of a public duty owed in law and in respect of which the applicant has a legally enforceable right; Section 11(1)(g) prohibiting the administrator from acting in a particular manner; Section 11(1)(h) setting aside the administrative action and remitting the matter for reconsideration by the administrator, with or without d...

Section 12. Principles of common law and rules of natual justice Section This Act is in addition to and not in derogation from the general principles of common law and the rules of natural justice.

Section 13. Regulations Section 13(1) The Cabinet Secretary may, in consultation with the Commission on Administrative Justice, make regulations for the better carrying out of the provisions of this Act. Section 13(2) Regulations made under subsection (5) shall, before publication in the Gazette , be approved by Parliament.

Section 14. Transition provisions Section 14(1) In all proceedings pending whether preparatory or incidental to, or consequential upon any proceedings in court at the time of the coming into force of this Act, the provisions of this Act shall apply, but without prejudice to the validity of anything previously done. Section 14(2)(a) if, and in so far as it is impracticable in any proceedings to apply the provisions of this Act, the practice and procedure obtaining before the enactment of this Act shall be followed; and Section 14(2)(b) in any case of difficulty or doubt the Chief Justice may issue practice notes or directions as to the procedure to be adopted.