Merit Review and Administrative Decision-Making under Article 47

Article 47 of the Constitution of Kenya guarantees every person the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair.

The Evolution of Administrative Review

Historically, courts restricted judicial review strictly to procedural impropriety, illegality, and irrationality. However, post-2010 constitutional jurisprudence has increasingly demanded that decision-makers satisfy standards of reasonableness and proportionality.

Where an administrative body acts without evidentiary foundation or ignores vital considerations, courts have stepped in to enforce constitutional accountability.