Judicial review is the mechanism by which Kenyan courts supervise the lawfulness of decisions by public bodies, licensing authorities, county governments, professional bodies, and procurement entities. For businesses, knowing when judicial review is available (and when it is not) can determine whether a grievance has a remedy at all.
What are the grounds for judicial review in Kenya?
The classic grounds remain: illegality (the decision-maker lacked power or acted outside it), procedural impropriety (including breach of fair hearing rights under Article 47 of the Constitution), irrationality (a decision no reasonable authority could reach), and proportionality in rights-limited decisions. Since the Constitution of Kenya 2010, courts have also entertained constitutional petitions in parallel where fundamental rights are engaged.
What are the time limits?
Leave (now, under current practice, leave requirements have been modified) and substantive applications are governed by statutory timelines and the principle of reasonable expedition, delay of months without explanation invites dismissal. Where a statute prescribes a specific window (as procurement legislation does for review of tender decisions), that window is decisive.
Judicial review or constitutional petition?
The choice of procedure affects remedies, evidence, and timelines. Review targets the decision-making process; petitions target rights violations. Our administrative and commercial litigation team in Nairobi advises on the appropriate route and prepares the record thoroughly, review is won on paperwork. Contact the firm for a confidential assessment.