Challenging Government Decisions Through Administrative Review in Nairobi

When government bodies in Nairobi make decisions that negatively impact individuals or businesses, the process of seeking an administrative review is crucial. Mwenda Njagi & Co. Advocates & Mediators is recognized as a best law firm for government administrative review Nairobi citizens can rely on. We specialize in challenging arbitrary, unlawful, or procedurally unfair decisions made by public bodies, ministries, and state agencies. Our expertise spans across various sectors, ensuring that clients understand their rights under the Fair Administrative Action Act, 2015, and can effectively seek redress. From our offices at Ciata Mall, Ridgeways, we provide strategic legal representation aimed at overturning erroneous administrative actions and upholding principles of good governance.

The Legal Framework for Administrative Review in Kenya

The cornerstone of administrative review in Kenya is the Fair Administrative Action Act, 2015 (FAA Act). This legislation empowers individuals to seek judicial or quasi-judicial review of administrative actions or decisions taken by state organs, public officers, or any person performing a public function. The Act mandates that administrative actions must be lawful, reasonable, and procedurally fair. Grounds for review include the exercise of power in bad faith, unreasonable exercise of discretion, procedural impropriety, and failure to comply with statutory requirements. Key public bodies and state corporations operating in Nairobi, such as the Nairobi County Government, various national government ministries, and regulatory agencies, are subject to the FAA Act. Mwenda Njagi & Co. Advocates & Mediators meticulously applies these provisions to ensure accountability and fairness in administrative decision-making.

best law firm for government administrative review Nairobi
Mwenda Njagi & Co. Advocates

Steps and Strategies for Seeking Administrative Review in Nairobi

Seeking administrative review in Nairobi typically begins with identifying the specific administrative action or decision to be challenged and the relevant government body. The Fair Administrative Action Act, 2015, often necessitates exhausting internal remedies before approaching the courts, though exceptions exist. If internal remedies are unavailable or have been exhausted, a judicial review application can be filed in the High Court of Kenya, specifically the Nairobi High Court, or a relevant tribunal. This involves filing an application for leave to apply for judicial review, followed by substantive hearings where legal arguments are presented. Mwenda Njagi & Co. Advocates & Mediators employs a strategic approach, meticulously preparing applications, gathering evidence, and presenting compelling arguments to demonstrate the illegality, irrationality, or impropriety of the administrative action. We also explore Alternative Dispute Resolution (ADR) mechanisms where appropriate.

Legal Representation in Nairobi, Kenya

Mwenda Njagi & Co. Advocates provides legal advisory and court representation across Nairobi, Kenya and all 47 counties in Kenya.

Costs and Benefits of Engaging a Top Administrative Review Firm

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Engaging a leading firm for government administrative review in Nairobi, such as Mwenda Njagi & Co. Advocates & Mediators, involves legal fees that reflect the complexity and expertise required. Our fee structure is transparent, often guided by the Law Society of Kenya (LSK) scales, and tailored to the specific case. While there is an investment in legal services, the benefits of successful administrative review are substantial: overturning unfavorable decisions, preventing financial losses, and upholding fundamental rights. This can lead to significant savings compared to the long-term consequences of an unjust administrative decision. We operate efficiently from our Ciata Mall, Ridgeways office, ensuring accessibility for our Nairobi clientele seeking robust legal recourse.

Frequently Asked Questions

Judicial review in Kenya, as governed by the Fair Administrative Action Act, 2015, focuses on the legality, reasonableness, and procedural fairness of administrative decisions, not on the merits of the decision itself. An appeal, conversely, challenges the substantive correctness of a decision. Mwenda Njagi & Co. Advocates & Mediators advises on the appropriate legal avenue.
The duration of an administrative review process in Nairobi can vary widely. Simple cases with clear grounds may be resolved relatively quickly, while complex matters involving extensive evidence and multiple hearings can take several months or even longer. The efficiency of the courts and the responsiveness of the administrative body play significant roles. Our firm, Mwenda Njagi & Co. Advocates & Mediators, aims for timely resolution.
Yes, Mwenda Njagi & Co. Advocates & Mediators specializes in administrative reviews of decisions made by all government bodies, including Nairobi County Government agencies and county officials. We are adept at navigating the specific legal frameworks applicable to county administration and ensuring fair treatment for our clients.