High Court halts CJ Koome’s rules on judicial review cases

The High Court has suspended the implementation of key judicial administrative rules introduced by Chief Justice Martha Koome, which sought to regulate the filing of cases against government agencies.

Justice Bahati Mwamuye issued the temporary halt on six sections of the Fair Administrative Action Rules, 2024, after Katiba Institute filed a petition arguing that the regulations would undermine constitutional rights.

The institute described the rules as a reversion to oppressive colonial-era governance.

The regulations, which were gazetted by CJ Koome on October 11, 2024, aimed to prevent government officials from being taken to court without prior notice.

“The office of the Chief Justice has enacted anachronistic subsidiary legislation, The Fair Administrative Action Rules, 2024, which belongs in the dustbin of history,” argued Katiba Institute’s lawyer, Joshua Malidzo Nyawa, in the court documents.

“This petition seeks to return the rules, which were applicable in the colonial era, to their appropriate place. This court is being approached to blow the constitutional whistle and prevent further constitutional harm.”

The regulations, widely referred to as the Koome rules, relate to judicial review proceedings, where courts assess the legality of actions taken by public bodies.

One of the contested provisions requires individuals or entities planning to file judicial review cases against public agencies to first notify the agency in question.

Rule 5 states: “Where the applicant seeks to compel the respondent by way of an order to take a particular administrative action or decision, the applicant shall, before filing the judicial review application, issue a notice of intention to sue. The notice shall be served upon the respondent at least seven days before the date of filing of the judicial review application.”

Katiba Institute argues that these provisions unfairly limit the ability of citizens to hold government bodies accountable.

“Since the rules seek to entrench an unchecked government, a Goliath who deserves privileged treatment, this court must stop the subversion of our democracy,” said  Nyawa.

The petition also emphasizes that imposing procedural barriers on judicial review cases undermines transparency, accountability, and efficiency in public service.

“In an era of accountability and transparency, unnecessary hurdles should not be placed on ordinary citizens’ quest to enforce the Constitution, accountability, openness, and efficiency in service delivery by government or government agencies,” Nyawa added.

The case is set for mention on April 30, with the court expected to determine the next steps regarding the contested regulations.