What remedies are available under Kenya's Fair Administrative Action Act, 2015, and are they adequate?

The remedies available under the FAAA include:

• Orders of certiorari: To quash or set aside an administrative decision that is unlawful, unreasonable, or procedurally unfair.
• Orders of mandamus: To compel an administrator to perform a public duty that they are legally obliged to do.
• Orders of prohibition: To prevent an administrator from taking an action that would be unlawful or beyond their powers.
• Declarations: To state the rights of the parties or to declare an administrative action invalid.
• Injunctions: To restrain an administrator from acting or to compel them to act in a certain way.
• Setting aside the administrative action or part of it.
• Remitting the matter for reconsideration by the administrator with specific directions.
• Directing the administrator to act in a particular manner.
• Award of damages or compensation to the aggrieved person.
• Costs of the proceedings.
• Any other order that is just and equitable in the circumstances.

These remedies are largely adequate to achieve administrative justice in Kenya today. The FAAA operationalizes Article 47 of the Constitution, providing a broad and flexible range of options that allow courts to address various forms of administrative injustice, ensuring both procedural and substantive fairness. The inclusion of "any other just and equitable order" grants courts wide discretion to tailor remedies to specific situations.

However, the practical adequacy of these remedies is sometimes challenged by several factors:

• Judicial delays: The time taken for cases to be heard and determined can undermine the effectiveness of remedies.
• Enforcement difficulties: Ensuring that administrative bodies comply with court orders can be a challenge.
• High litigation costs: The expense of pursuing legal action can limit access to justice for many citizens.
• Limited public awareness: Many individuals are unaware of their rights under the Act or the mechanisms available for seeking redress.

Therefore, while the legal framework provided by the FAAA is robust and comprehensive, systemic and practical barriers can impede the full realization of administrative justice despite the wide array of remedies available.