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{
    "id": 539689,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539689/?format=api",
    "text_counter": 107,
    "type": "speech",
    "speaker_name": "Hon. Njagagua",
    "speaker_title": "",
    "speaker": {
        "id": 2336,
        "legal_name": "Charles Muriuki Njagagua",
        "slug": "charles-muriuki-njagagua"
    },
    "content": "Clause 8 of the Bill talks of instances in, and the reasons for, which you can approach a tribunal or the High Court to have an administrative action set aside.There is a list of almost 10 of them. Some of them are talking about when such an officer acts in bias, oversteps their mandates or gives a ruling on material that was not before them when they so acted. I wonder why the issue of corruption has not been included as a reason as to why you can move to a tribunal, or the High Court, to have that set aside. I believe that at the appropriate time, we might bring the relevant amendment so that corruption will be a ground for having an action set aside. We know some of them are approached either in their offices or bars. They are compromised in such a way that when they sit to make decisions, they are biased from the word go. Their mind has been clouded by corruption. Clause 9 talks about the procedure within which you need to approach the court for judicial review. We must appreciate one thing, when you approach the High Court to have administrative action set aside, there are certain salient issues that you must bear in mind. One of them is that he who comes to equity must come with clean hands. He who approaches equity must not be guilty of what we call ‘laches’; that is unreasonable delay. He who comes to equity must do equity. In as much as you have the power and authority, and in as much as you have the right to approach the High Court, or the tribunal, to set aside the administrator’s verdict which you are not comfortable with, you must again be within the realm of equity. You must also be doing equity and not be guilty of inordinate delay. In this matter, we are saying that you must approach a tribunal within six months to complain about the action that you think was not good."
}