01
Constitutional Petitions
Petitions to the High Court for enforcement of fundamental rights and freedoms under the Bill of Rights — violations by the State, State organs, and private parties.
Disputes & Resolution
Constitutional & Human Rights
Constitutional petitions, enforcement of fundamental rights, and judicial review of unlawful public action before the High Court.
Dx
- Acting for
- Individuals · Organisations · Businesses
- Forums
- High Court · Court of Appeal · Supreme Court
- Coverage
- Petitions · Judicial Review · Rights
Overview
How we approach constitutional & human rights.
Kenya's 2010 Constitution created one of the most expansive bills of rights in the region, and the High Court sits as a constitutional court with jurisdiction to enforce those rights on petition. The firm takes constitutional and human-rights matters seriously as a part of its service to the community, representing individuals, organisations, and businesses where fundamental rights have been violated or are threatened.
The practice covers constitutional petitions seeking enforcement of rights, judicial review of decisions made by public bodies without lawful authority, and public-interest matters that require the court's attention. Where the matter touches the intersection of constitutional rights and other practice areas — criminal process, employment, land, or procurement — the firm brings a combined approach.
Services
What we cover in constitutional & human rights.
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Judicial Review
Judicial review of decisions and actions of public bodies — Government ministries, State corporations, regulators, and tribunals — where those decisions are unlawful, irrational, or procedurally unfair.
03
Emergency Relief
Urgent conservatory and injunctive orders to restrain imminent constitutional violations — arrests, demolitions, unlawful exclusions — pending the hearing of the full petition.
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Public Interest Litigation
Public-interest matters brought in the public benefit where there is a systemic rights violation or an issue of constitutional principle that requires the court's authoritative resolution.
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Due Process & Fair Hearing
Representation of individuals and corporates in proceedings where the constitutional right to a fair hearing, natural justice, or due process has been breached.
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Constitutional Advisory
Written opinions and advisory on the constitutional dimensions of proposed Government action, regulatory decisions, and commercial arrangements that touch public law.
Approach
The way we run a constitutional & human rights matter.
A four-step discipline applied to every brief, so the work is senior-led at the points where senior judgement matters, and moves predictably between them.
Rights Assessment
The facts are reviewed against the constitutional framework; the nature of the violation, the available remedy, and the strength of the case are set out in a candid written opinion.
Emergency Relief
Where rights are being violated imminently or currently, an urgent conservatory application is filed before the substantive petition is heard.
Petition & Hearing
The petition is drafted, filed, and argued — factual depositions, legal submissions, and the evidence the case requires — through to the substantive hearing.
Judgment & Enforcement
Judgment obtained and enforced against the respondent; where the order is not complied with, committal and contempt proceedings pursued.
FAQs
Questions clients ask about constitutional & human rights.
The ones we hear most often. For anything specific to your matter, a short call is usually the fastest way to an answer.
All firm FAQs →Yes. The Constitution gives every person the right to approach the High Court directly for enforcement of a fundamental right or freedom. You do not need to exhaust other remedies first in cases of genuine constitutional violation.
Judicial review is the process by which the High Court examines the legality of a decision made by a public body — a Government ministry, regulator, or tribunal. It does not rehear the merits; it asks whether the decision was made lawfully, rationally, and fairly.
The High Court's constitutional division has improved its turnaround in recent years. Urgent matters can be heard within days. Full petitions typically take 6–18 months from filing to judgment, depending on the station and the complexity.
Yes, where the matter raises a genuine constitutional issue of broad public importance. We discuss the merits candidly and, where the case is appropriate, may agree a fee arrangement suited to the public-interest nature of the work.
Related Practice Areas
Adjacent counsel from the firm.
Constitutional & Human Rights Counsel
Speak with a partner about your constitutional & human rights matter.
We will tell you, plainly, whether we are the right firm, and how we would propose to handle it. The first call is confidential and at no charge.