Constitutional Law

1. Constitutional Litigation and Public Interest Cases

Human Rights Enforcement:

Filing constitutional petitions to enforce rights under the Bill of Rights (Chapter Four), including the right to life, dignity, equality, fair trial, and freedom from discrimination.

Seeking redress for violations by state agencies, security forces, or public officials.

Class Action and Public Interest Litigation:

Representing groups or communities in constitutional petitions on land rights, environmental protection, access to healthcare, or education.

Judicial Review and Constitutionality Challenges:

Challenging unconstitutional laws, regulations, or administrative actions.

Seeking declarations of nullity, mandamus, prohibition, or certiorari under Article 23 and the Fair Administrative Action Act.

2. Advisory on Constitutional Rights and Freedoms

Legal Opinions on Constitutional Matters:

Providing advisory opinions on interpretation of constitutional provisions, including devolution, electoral justice, separation of powers, and national values.

Advice to NGOs and Civil Society:

Advising on legal strategies to promote civic space, public participation, and social justice in line with Articles 10 and 27 of the Constitution.

Freedom of Expression and Media Rights:

Defending journalists, bloggers, and media houses against unlawful censorship, shutdowns, or defamation claims infringing Article 33.

3. Petitions and References Before the High Court

Petitions Under Article 22 and 258:

Filing petitions to enforce the Constitution, whether by affected persons or public-spirited individuals and institutions.

Interpretation References:

Seeking court interpretation of constitutional ambiguities or disputes between organs of state.

Injunctions and Conservatory Orders:

Applying for urgent relief to prevent ongoing or imminent violations of constitutional rights.

4. Devolution and Intergovernmental Disputes

County vs National Government Disputes:

Representing counties or national agencies in disputes relating to functions, funding, or service delivery.

Advisory on County Legislation:

Reviewing county bills and laws for conformity with the Constitution and national laws.

Public Finance and Governance Advisory:

Interpreting constitutional provisions on revenue allocation, budgeting, and oversight.

5. Electoral and Political Rights Litigation

Election Petitions and Political Rights:

Representing clients in electoral disputes at all levels—Presidential, Parliamentary, County Assembly, or gubernatorial elections.

Enforcing political rights under Article 38, including voter registration, candidacy rights, and campaign freedom.

IEBC and Political Party Disputes:

Representing clients before the Independent Electoral and Boundaries Commission (IEBC), the Political Parties Disputes Tribunal (PPDT), and the courts.

Advisory on Election Laws:

Advising on the Elections Act, Political Parties Act, and constitutional timelines.

6. Equality, Non-Discrimination and Social Justice

Gender Equality and Affirmative Action:

Enforcing constitutional rights under Articles 27 and 56, including the two-thirds gender rule, youth, and marginalized group protections.

Disability and Minority Rights:

Filing claims to enforce socio-economic rights and anti-discrimination protections under the Constitution.

Children and Vulnerable Groups:

Advocating for the best interests of children in line with Article 53 and international treaties.

7. Access to Justice and Legal Empowerment

Right to Fair Trial and Due Process:

Representing individuals in matters involving wrongful detention, denial of bail, or trial delays under Article 50.

Legal Aid and Pro Bono:

Providing legal assistance to indigent or vulnerable clients through petitions, referrals, and collaborations with legal aid programs.

Court User and Rights Awareness Engagement:

Participating in public education and rights awareness campaigns.

8. Constitutional Compliance for Institutions

Policy and Legislative Review:

Reviewing proposed laws, policies, and administrative regulations for constitutional compliance.

Institutional Audits:

Assessing operations of state agencies, NGOs, and corporations to ensure alignment with constitutional values, public participation, and transparency.

Training and Capacity Building:

Conducting constitutional literacy and legal training for public officers, boards, and community-based organizations.

9. Advocacy and Legal Reform

Strategic Legal Reform Initiatives:

Engaging in legal reform advocacy to improve human rights protections, access to justice, electoral law, and governance structures.

Amicus Curiae and Interventions:

Participating in precedent-setting cases as friends of the court to promote progressive constitutional jurisprudence.