Administrative Justice in Kenya: Learning from South Africa's Mistakes

Author: 
Hoexter, Cora
Place: 
Cambridge
Publisher: 
Cambridge University Press
Date published: 
2018
Journal Title: 
Journal of African Law
Source: 
Journal of African Law, Vol. 62, No. 1, January 2018, pp. 105-128
Abstract: 

The wording of article 47 of Kenya's Constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in South Africa's 1996 Constitution. Like section 33, article 47 mandates the enactment of legislation to give effect to these constitutional rights, and Kenya's Fair Administrative Action Act 4 of 2015 was strongly influenced by the equivalent South African legislation, the Promotion of Administrative Justice Act 3 of 2000 (PAJA). South Africa can thus be regarded as a sort of laboratory for Kenyan administrative justice. The aim of this article is to highlight some of the South African experience in relation to section 33 and the PAJA in the hope that Kenya will learn from some of South Africa's mistakes. It argues that the Kenyan courts should avoid following the example of their South African counterparts in allowing their mandated legislation to become almost redundant.

Language: 
Country focus: 
Subject profile : 

CITATION: Hoexter, Cora. Administrative Justice in Kenya: Learning from South Africa's Mistakes . Cambridge : Cambridge University Press , 2018. Journal of African Law, Vol. 62, No. 1, January 2018, pp. 105-128 - Available at: http://library.africa-union.org/administrative-justice-kenya-learning-south-africas-mistakes

Printer-friendly version Send by email