Constitutional Law In Kenya
WTT Lichuma Advocates LLP has a vibrant constitutional law practice at the High Court, Court of Appeal, and the Supreme Court. We represent clients on a broad range of constitutional issues and our expertise in constitutional law is second to none.Our team of Constitutional lawyers are well-equipped to render optimal legal advice to help our clients litigate and assert their constitutional rights against any public body for any violation of rights enshrined in the Constitution of Kenya. In the past, our firm has represented clients on legal issues that threaten to violate their most basic fundamental constitutional rights and has a good track record of winning our cases in court. Our firm is well known for its bold and innovative approach to matters and application of strategic legal arguments in pleading our clients’ cases.
We litigate on behalf of and advise clients on a wide variety of constitutional issues, including:
High Court Of Kenya`s Original Jurisdiction
High court jurisdiction
The High Court of Kenya is a key court of Constitutional importance, with original jurisdiction under Articles 165 of the Constitution of Kenya, Article 165 empowers the High Court to issue writs, orders, or directions to any person or authority within its territorial jurisdiction, for the enforcement of any fundamental rights or for any other purpose. Article 165 confers upon the High Court the power of superintendence over all subordinate courts within its jurisdiction.
CONSTITUTIONAL LAW IN KENYA
The Constitutional Lawyers at WTT Lichuma Advocates LLP believe that Constitutional rights and personal freedom are intertwined; it is our mission to rigorously defend your rights against government and private abuse. Headquartered in Karen, our lawyers have litigated cases against all manner of private and governmental entities throughout Kenya, including building departments, planning departments, and cities and counties, all on behalf of private individuals and businesses. For an honest assessment of your legal matter, contact our experienced attorneys by calling (254)702380889.
Our Expertise Concerning Constitutional Law
At WTT Lichuma Advocates LLP, our Constitutional Lawyers have extensive knowledge and experience in all aspects of Constitutional Law, including:
- Judicial review of administrative actions
- Judicial review of ultra vires laws
- Constitutional interpretation and analysis
- Fundamental rights protection and enforcement
- Constitutional challenges to legislation
- Advisory and opinion work on Constitutional Law matters
Our lawyers are well-versed in the provisions of the Constitution of Kenya, as well as the relevant statutes and case law, and can provide expert legal advice and representation to clients in all types of Constitutional matters.
Importance of Choosing The Right Constitutional Law LAWYER
Choosing the right Constitutional lawyer is critical to the success of your legal matter. Constitutional Law is a complex and specialized area of law, and it is essential to have a lawyer with the knowledge, experience, and expertise to handle your case effectively.
At WTT Lichuma Advocates LLP, our Constitutional Lawyers have a track record of success in handling Constitutional Law cases at both the High Court of Kenya and the Supreme . We understand the nuances and complexities of this area of law and can provide our clients with strategic and effective representation
Constitutional law FAQ’S Answered
The Constitution of Kenya is the supreme law of the land, which sets out the framework for governance, the structure of the government, and the rights and duties of citizens. The current Constitution was promulgated on August 27, 2010, replacing the previous one enacted at independence in 1963.
The Constitution of Kenya guarantees several fundamental rights and freedoms, including:
- Right to life
- Freedom from torture and inhuman treatment
- Right to privacy
- Freedom of expression
- Freedom of assembly and association
- Freedom of movement
- Right to property
- Right to a fair trial
The Constitution of Kenya establishes the doctrine of separation of powers by dividing the government into three branches:
- The Executive: Headed by the President, responsible for implementing and enforcing laws.
- The Legislature: Comprising the National Assembly and the Senate, responsible for making laws.
- The Judiciary: Independent courts responsible for interpreting laws and administering justice.
The Judiciary’s role is to interpret and apply the law, ensure the rule of law is upheld, and protect the rights and freedoms of individuals. It operates independently of the Executive and Legislature, and its decisions are binding on all other organs of government.
The Constitution of Kenya can be amended through two main processes:
- Parliamentary Initiative: An amendment can be proposed by either house of Parliament and must be passed by at least two-thirds of all members of each house.
- Popular Initiative: Citizens can propose an amendment by collecting at least one million signatures. The proposal is then reviewed by the Independent Electoral and Boundaries Commission (IEBC) and must be approved by a referendum if it involves issues such as the Bill of Rights, the structure of government, or the term of the President.
