Constitution of Kenya, 2010
21
22. (1) Every person has the right to institute court proceedings Enforcement of Bill
claiming that a right or fundamental freedom in the Bill of Rights has of Rights.
been denied, violated or infringed, or is threatened.
(2) In addition to a person acting in their own interest, court
proceedings under clause (1) may be instituted by––
(a) a person acting on behalf of another person who cannot act
in their own name;
(b) a person acting as a member of, or in the interest of, a group
or class of persons;
(c) a person acting in the public interest; or
(d) an association acting in the interest of one or more of its
members.
(3) The Chief Justice shall make rules providing for the court
proceedings referred to in this Article, which shall satisfy the criteria
that––
(a) the rights of standing provided for in clause (2) are fully
facilitated;
(b) 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;
(c) no fee may be charged for commencing the proceedings;
(d) the court, while observing the rules of natural justice, shall
not be unreasonably restricted by procedural technicalities;
and
(e) an organisation or individual with particular expertise may,
with the leave of the court, appear as a friend of the court.
(4) 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.
23. (1) The High Court has jurisdiction, in accordance with Article Authority of courts to
165, to hear and determine applications for redress of a denial, violation uphold and enforce
or infringement of, or threat to, a right or fundamental freedom in the the Bill of Rights.
Bill of Rights.