Constitutional Law Practice

Kenya’s Constitution of 2010 is a transformative charter. Unlike the conventional “liberal” Constitutions of the earlier decades which essentially sought the control and legitimisation of public power, the avowed goal of today’s Constitution is to institute social change and reform, through values such as social justice, equality, devolution, human rights, rule of law, freedom and democracy. This is clear right from the preambular clause. . .”* 

The Supreme Court acknowledges that the Constitution has created “novel situations” and “far-reaching innovations, such as those reflected in the institutions of county government” which “raises a variety of structural, management and operational challenges unbeknown to traditional dispute settlement”. While “some Constitutions are highly legalistic and minimalist, as regards express safeguards and public commitment”, “the Kenyan Constitution fuses this approach with declarations of general principles and statements of policy”**.

Under the Constitution, the “Court cannot fashion nor sanction an invitation to a judicial standard for locus standi that places hurdles on access to the courts, except only when such litigation is hypothetical, abstract or is an abuse of the judicial process”***.

A mastery of the underlying principles of Constitutional Law, and Judicial Review, is a requirement to engage in constitutional litigation and judicial review. The Initial Partners have a wide experience in Constitutional Law and Judicial Review.


* Speaker of the Senate & another v. Hon. Attorney-General & another & 3 others [2013] eKLR, para. 51 

**In The Matter of The Principal of Gender Representation in the National Assembly and Senate [2012] eKLR, paras. 19 & 54 

***Mumo Matemu v. Trusted Society of Human Rights Alliance & 5 others [2013] eKLR, par. 27