TANZANIA INTRODUCES NEW JUDICIAL REVIEW PROCEDURE RULES: ANALYSING THE KEY CHANGES UNDER GOVERNMENT NOTICE NO. 288 OF 2026

KEY HIGHLIGHTS

• The 2026 Rules reduce the number of procedural documents required by no longer expressly prescribing separate statements of facts as distinct accompanying documents, thereby reducing repetition.
• Respondents are no longer expressly required to file a separate statement in reply; the prescribed response is a counter-affidavit.
• Applications may be filed at the Registry in Dodoma or the relevant sub-registry in accordance with Rule 4(2).
• The six-month period for applying for leave and the fourteen-day period for filing the substantive application remain unchanged, while the period for determining leave applications has increased from fourteen to twenty-one days.
• The Rules prescribe specific deadlines for serving applications and filing affidavits concerning service.
• Court fees have increased for applications for leave, substantive judicial review applications and counter-affidavits filed by persons other than the Attorney General.

1. INTRODUCTION

The Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure) Rules, 2026 (the “2026 Rules”), published under Government Notice No. 288 of 9 October 2026, were made under section 20 (1) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap. 310, and revoke the 2014 Judicial Review Procedure and Fees Rules. The new Rules introduce procedural changes affecting the preparation and filing of applications, responses, timelines and court fees, making it important for advocates, applicants and respondents to understand the revised requirements.

2. KEY CHANGES MADE

First, reduction of procedural documents: Separate statements of facts are no longer expressly prescribed as distinct accompanying documents at the leave and substantive application stages, reducing repetitive documentation.

Second, Removal of the statement in reply: A separate statement in reply is no longer expressly prescribed; respondents are required to respond through a counter-affidavit.

Third, where to file (Court): Applications may be filed at the Registry in Dodoma or the relevant sub-registry, as provided under Rule 4 (2).

Fourth, time limits: The six-month period for applying for leave and the fourteen-day period for filing the substantive application remain unchanged. However, the period for determining an application for leave has increased from fourteen to twenty-one days.

Fifth, service requirements: The Rules prescribe deadlines for serving the substantive application and filing an affidavit addressing service.

Sixth, revised court fees: The fees for applications for leave, substantive applications and counter-affidavits filed by persons other than the Attorney General have increased.

3. EXPLANATION OF THE CHANGES

Reduction of Procedural Documents

Under the 2014 Rules, statements of facts accompanied applications at the leave and substantive stages were required. The 2026 Rules no longer expressly prescribe these statements as separate accompanying documents. Instead, Rule 5 (2) requires the application for leave to be by Chamber Summons supported by an affidavit only stating the parties’ particulars and material facts in chronological order. Rule 7 (2) provides corresponding requirements for the substantive application, while Rule 7 (4) confines the application to the grounds or reliefs set out in the Chamber Summons.

This change reduces repetitive documentation while retaining the requirement to properly present the material facts and the grounds or reliefs sought.

Removal of the Statement in Reply

Rule 13 of the 2014 Rules required evidence in reply to be presented through a counter-affidavit and a statement in reply within fourteen days of service. Under Rule 9 of the 2026 Rules, a respondent may file a counter-affidavit within fourteen days after service of the substantive application. A separate statement in reply is no longer expressly prescribed.

Filing Venue

Rule 4 (2) permits an application to be instituted either at the Registry in Dodoma or at the sub-registry for the area in which the cause of action arose or where the respondent resides. This provides express guidance on the available filing venues.

Time Limits and Service

Rule 6 retains the six-month period for applying for leave from the date of the proceedings, act or omission concerned. Under Rule 7 (1), the substantive application must be filed within fourteen days after leave is granted.

A notable change concerns the determination of leave applications. Rule 5 (5) of the 2026 Rules requires the court to hear and determine the application within twenty-one days, compared with fourteen days under the 2014 Rules.

Rule 8 (1) requires the substantive application to be served on the respondent within seven days after filing. Under Rule 8 (2), an affidavit addressing service must be filed at least three days before the hearing. Rule 9 allows the respondent fourteen days from service to file a counter-affidavit.

Court Fees

The Second Schedule to the 2026 Rules revises the prescribed fees as follows:

• Application for leave: TZS 100,000, increased from TZS 50,000 under the 2014 Rules.
• Substantive judicial review application: TZS 200,000, increased from TZS 100,000.
• Counter-affidavit filed by a person other than the Attorney General: TZS 50,000, increased from TZS 10,000.

The revised fees increase the cost of instituting and responding to judicial review proceedings.

4. PRACTICAL IMPLICATIONS OF THE CHANGES

The changes require advocates to update their drafting templates, filing checklists and client cost estimates. Although the reduction of separate documents may simplify preparation, practitioners must ensure that the Chamber Summons and supporting affidavits comply with the prescribed requirements. Strict attention must also be given to filing and service deadlines, the grounds and reliefs stated in the Chamber Summons, and the revised court fees.

5. CONCLUSION

The 2026 Rules mark an important revision of the procedural framework governing judicial review in Tanzania. By reducing separately prescribed documents, removing the express requirement for a statement in reply, clarifying filing venues and revising timelines and court fees, the Rules alter how practitioners prepare, file and respond to judicial review applications. These changes may reduce unnecessary repetition and simplify procedural preparation, but they also demand careful compliance with the requirements that remain in force. Advocates, litigants and public institutions should therefore familiarize themselves with the new framework and adjust their practices accordingly to promote efficient proceedings and avoid procedural errors.

DISCLAIMER

This article is not intended to offer legal advice but rather aims to provide general information on the subject matter discussed. It does not constitute and should not be relied upon as legal advice. Kazi Law Office explicitly disclaims any responsibility for any loss that may occur if this article is relied upon without first seeking professional legal advice from our legal experts. Individuals should consult qualified professionals for tailored legal guidance related to their specific circumstances.

Authored by Kelvin Nyagawa

Partner – Kazi Law Office