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    "id": 550129,
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    "content": "internal mechanism of appeal must be given and the period for making such an appeal must be provided for. Madam Temporary Speaker, the Bill proposes that if an individual is affected by an administrative decision or action or whatever and they want to appeal against it, they are entitled to information including the proceedings of the Committee or body that deliberated and took that decision so that they can use that for purposes of appealing against an unfavourable decision. In Part III, allow me to highlight Clause 7 which gives the High Court or any other tribunal the right to exercise judicial review over administrative bodies. In other words, if somebody does not get the job or is getting disciplined in a public institution, the High Court can be approached to make certain decisions as to whether proper rules of natural justice were followed and whether the administrative action is within the law. Such administrative action may be quashed if it is rendered ultra vires or outside the powers of the law given to that administrative body. As I finish, the judicial review process which will be exercised by the High Court or any other tribunal that may have competent jurisdiction--- I say so because, for example, if somebody has been sacked in a parastatal or a Ministry, in labour matters, it will be the industrial court which will have powers to exercise this kind of review. The orders that may be got there include; declaration that the rights have been violated or not, there will also be orders of prohibition to prevent, say, an organization from sacking somebody or refusing to give them a tender or a license. We have orders of mandamus, which are compulsory orders to compel an administrative body which has refused to take certain public decisions to do so. Other than the order of mandamus, we have other orders like the certiorari which are orders of quashing or nullifying illegal decisions that have been taken by administrative bodies or officers in their public function. Injunctions may also be issued by the High Court, whether mandatory injunctions forcing certain administrative bodies or officers to do certain things. Interim or temporary injunctions may also be issued to restrain certain activity from taking place until the decision or until the court which is exercising judicial review can make a final determination. Madam Temporary Speaker, if this Bill comes into force, it will repeal Section 89 of the Law Reform Act Cap. 26, which has been the law that is currently applying on matters of administrative justice judicial review. In a nut shell, this Bill is about ensuring that when the people of Kenya are interacting with Government officials – whether national or county governments – looking for tenders, employment or licenses, they can receive fair administrative actions. By that, we are not saying that every person who is approaching a Government body must get the decision that they consider favourable. This Bill says that the decision must be fair so that if I do not get a favourable decision, I should know that fairness has been applied. How do we assure fairness by following the principle of natural justice? What is the principle of natural justice? One, if you are going to make a decision that will affect my rights, give me an opportunity to be heard and give me adequate time. Do not just tell me we received your application for a job this afternoon and we are calling you for an The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}