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{
    "id": 539676,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539676/?format=api",
    "text_counter": 94,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "institutions, quasi judicial tribunals, parastatals and other Government agencies that affect Kenyans adversely. They are the ones that exercise powers, authority and duties. Part II of this Bill is elaborate on that. What I like about this Bill is in Part III and it is something on judicial review. We do have in our judicial system a whole division of our courts that deals with judicial review matters. For you to be entertained by a Judicial Review Court, you must be granted leave by the same court. Judicial review matters are only entertained by the High Court. That is the situation that obtains presently. This is under Order 53 of the Civil Procedure Code, Cap. 21 of the Laws of Kenya. This Bill, however, mandates the Chief Justice to expand the jurisdiction of the High Court in implementing this Bill, so that it can also be implemented and addressed by subordinate courts. That is why in Clause 8 the Bill states thus: “The Chief Justice shall make rules that allow subordinate courts to entertain matters on judicial review of administrative action.” Therefore, it also diminishes instances where you need leave to address the judge on matters judicial review. This is a Bill that literary takes the powers of the High Court and vests them in subordinate courts. It is very well elaborated in this Bill why you should move the court on an appeal for a review of an administrative action. For instance, if a State organ, or a natural person, exercising administrative action does something that is ultra vires his powers or goes beyond the powers that he is allowed by this Bill, or by the Constitution, then the court may review such action. The court can even go further than that. If the administrative action is unfair procedurally, then the court will review it. If it is prejudicial to rights, the court will also review it."
}