Chapter 4: The Bill of Rights
Part 1 - General provisions relating to the Bill of Rights
Article 22 of the Constitution of Kenya 2010
Enforcement of Bill of Rights
- Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or it is threatened.
- In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by-
- person acting on behalf of another person who cannot act in their own name;
- person acting as a member of, or in the interest of, a group or class of persons;
- person acting in the public interest; or
- association acting in the interest of one or more of its members.
- The Chief Justice shall make rules providing for the court proceedings referred to in this Article, which shall satisfy the criteria that-
- the rights of standing provided for in clause (2) are fully facilitated;
- formalities relating to the proceedings, including commencement of the proceedings, are kept to the minimum, and in particular that the court shall, if necessary, entertain proceedings on the basis of informal documentation;
- no fee may be charged for commencing the proceedings;
- the court, while observing the rules of natural justice, shall no be unreasonably restricted by procedural technicalities; and
- an organisation or individual with particular expertise may, with the leave of the court, appear as a friend of the court.
- The absence of rules contemplated in clause (3) does not limit the right of any person to commence court proceedings under this Article, and to have the matter heard and determined by a court.