The High Court has granted the Office of the Chief Justice 30 days to file its response in a petition challenging parts of the Fair Administrative Action Rules, 2024.
The matter came up before Justice Gregory Mutai, where the petitioner, Katiba Institute, opposed the request for more time.
Through its lawyer Malidzo Nyawa, the institute told the court that the delay had become a pattern.
“Unfortunately, that has been the story since 2025. They have consistently asked for more time, even one year later,” Nyawa submitted, urging the court to impose strict timelines if more time was to be granted.
Lawyers representing the Office of the Chief Justice defended the request, saying more time was needed to prepare a detailed response to the issues raised. The court allowed the application, granting 30 days for the response to be filed.
The case arises from earlier conservatory orders issued by the High Court suspending several provisions of the Fair Administrative Action Rules, 2024. Among the suspended provisions are Rules 5, 6, 7, 11(4), 27(3), and 33, which require parties to notify respondents before filing judicial review proceedings.
Katiba Institute argues that the rules impose unnecessary procedural hurdles and limit access to justice under the Constitution of Kenya, 2010. The court is expected to give further directions after the expiry of the 30-day period.
