47. Fair administrative action
Official Constitutional Text
47. (1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.
(3) Parliament shall enact legislation to give effect to the rights in clause (1) and that legislation shall—
(a) provide for the review of administrative action by a court or, if appropriate, an independent and impartial tribunal; and
(b) promote efficient administration.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article protects every Kenyan from unfair government decisions.
It requires that all administrative actions by public officers and government bodies must be:
- Done quickly and efficiently
- Lawful
- Reasonable
- Procedurally fair
If a decision negatively affects your rights, you have the right to be given written reasons.
Parliament must pass laws that allow people to challenge unfair decisions in court or before an independent tribunal.
This is a powerful tool against corruption, bureaucracy, and arbitrary decisions by government officials.