The High Court  has granted the Office of the Chief Justice 30 days to file its response in a petition challenging the legality of provisions in the Fair Administrative Action Rules, 2024.

During a mention before Justice Gregory Mutai, petitioner Katiba Institute, through lawyer Malidzo Nyawa, opposed the request, arguing that delays had become routine since 2025.

“Unfortunately, that has been the story since 2025. They have consistently asked for more time, even one year later,” Nyawa told the court, urging that any extension be tied to strict compliance, including the filing of a replying affidavit within the given timeline.

However, counsel representing the Judicial Service Commission defended the application, saying more time was necessary to prepare a comprehensive response.

“If possible, this matter should be resolved as soon as possible in the best interest of our client. To properly address the issues raised, we are requesting for 30 days to prepare a detailed response,” the lawyer submitted.

Previously, the court issued conservatory orders suspending key provisions of the rules, including Rules 5, 6, 7, 11(4), 27(3), and 33, which require parties to notify respondents before initiating judicial review proceedings.

Katiba Institute argues the provisions create unnecessary procedural barriers and infringe on the right to access justice as enshrined in the Constitution of Kenya, 2010.

The court is expected to issue further directions once the 30-day period lapses.