Judicial Review & Constitutional Petitions in Kenya
Hold public bodies accountable through constitutional and administrative law
The Process
Decision Analysis
We analyse the public body's decision or action, identifying the legal grounds for challenge including illegality, irrationality, and procedural unfairness.
Pre-Action Protocol
Where required, we issue a pre-action letter to the public body, giving them an opportunity to reconsider their decision before court proceedings are initiated.
Leave Application
For judicial review under Order 53 of the Civil Procedure Rules, we apply for leave to commence proceedings, demonstrating sufficient interest and arguable grounds.
Substantive Application
We file the substantive application with supporting affidavits and submissions, setting out the full factual and legal basis for the challenge.
Interim Relief
We apply for conservatory orders or interim injunctions to preserve the status quo and prevent irreversible harm while the matter is heard.
Judicial Review & Constitutional Petitions in Kenya
Judicial review is the mechanism by which courts supervise the exercise of public power, ensuring that government bodies, regulatory authorities, and public officials act within the law. Kenya's Constitution of 2010 established a robust framework for judicial review, empowering the High Court to hear and determine applications for the review of any decision, action, or omission by a public body.
LHK Advocates represents individuals, businesses, and organizations in judicial review proceedings and constitutional petitions. We challenge unlawful government decisions, defend against arbitrary regulatory action, and vindicate fundamental rights and freedoms under the Bill of Rights in Chapter Four of the Constitution.
Our public law practice covers a wide range of matters including challenges to regulatory decisions, procurement disputes, tax disputes with public authorities, environmental governance issues, and violations of constitutional rights. We bring a combination of constitutional law expertise and sector-specific knowledge to every matter.
Key Takeaway
Having the right legal representation can make all the difference. Our team at LHK & Company Advocates has the experience and dedication to guide you through every step.
Key Benefits
We have deep knowledge of Kenya's constitutional framework and the evolving jurisprudence of the High Court, Court of Appeal, and Supreme Court.
We obtain conservatory orders and interim injunctions quickly to prevent irreversible harm while the substantive matter is determined.
We challenge unlawful regulatory decisions that affect business operations, licences, and market access.
We enforce fundamental rights and freedoms under the Bill of Rights, including the right to fair administrative action under Article 47 of the Constitution.
Frequently Asked Questions
Let Us Guide You Through Judicial Review & Constitutional Petitions in Kenya
Schedule a consultation with our experienced legal team and discover how we can help you achieve the best outcome.