Constitutional Law Advocates in Nairobi, Kenya

Constitutional law is the core legal system that establishes how a country is governed, defines the powers of each branch of government, and protects the fundamental rights of its citizens. As the supreme law of the land, any statute, policy, or government action that conflicts with it is invalid. At Ondieki & Matoke Company Advocates, we advise and represent individuals, organisations, and public interest litigants on constitutional matters from challenging an unlawful government decision to defending a fundamental right under the Bill of Rights.

The Legal Framework

Constitutional law in Kenya is governed by the Constitution of Kenya, 2010, which replaced the 1969 independence constitution. It establishes Kenya as a sovereign republic with a devolved system of government across 47 counties, a clear separation of powers between the three arms of government, and an expansive Bill of Rights that is among the most comprehensive in the region.

Core Principles

  • Supremacy — The Constitution is the supreme law of Kenya. Any other law, custom, or government action that conflicts with it is void to the extent of the inconsistency.
  • People’s Power — All sovereign power belongs to the people of Kenya, exercised either directly or through democratically elected representatives.
  • National Values — Under Article 10, all state organs and public officers must govern in accordance with values including human dignity, equity, social justice, equality, and transparency.
  • Devolution — Governmental power is shared between the national government and 47 distinct but interdependent county governments.
  • Separation of Powers — State authority is divided among the Legislature, the Executive, and the Judiciary, so that no single branch holds total control.
  • Judicial Review — Kenyan courts have the power and duty to determine whether government actions and legislation comply with the Constitution, and to strike down those that don’t.
Constitutional Law

Key Pillars of Constitutional Law

  • The Bill of Rights (Chapter 4) — Protects fundamental rights including life, equality, freedom of expression, and economic and social rights. Certain rights cannot be limited under any circumstances.
  • Separation of Powers — Cleanly divides state authority between Parliament, the Executive, and the Courts.
  • Leadership and Integrity (Chapter 6) — Sets high ethical and moral standards for all state and public officers.
  • Independent Commissions (Chapter 15) — Protects key democratic institutions — including the Judiciary, the Independent Electoral and Boundaries Commission (IEBC), and the Kenya National Commission on Human Rights (KNCHR) — from political interference.

Our Constitutional Law Services

  • Constitutional Petitions — Drafting and filing petitions before the High Court challenging laws, policies, or government actions as unconstitutional.
  • Judicial Review — Challenging administrative and government decisions on grounds of legality, procedural fairness, or reasonableness.
  • Bill of Rights Litigation — Representing clients whose fundamental rights and freedoms under Chapter 4 have been violated or threatened.
  • Devolution & County Government Advisory — Advising national and county entities on the division of powers, functions, and disputes arising under Kenya’s devolved system.
  • Leadership & Integrity Compliance — Advising state and public officers on compliance with the ethical and integrity standards set out in Chapter 6.
  • Court Representation — Representing clients in constitutional matters before the High Court’s Constitutional and Human Rights Division and on appeal.
Constitutional Law Services

Why Ondieki & Matoke Company Advocates

  • Direct access to your advocate throughout your matter not a call centre or a junior clerk.
  • Careful, precise drafting on matters where getting the constitutional grounds right determines whether a petition succeeds.
  • Clear communication about process, timelines, and realistic outcomes from the outset.
  • A transparent process and fee structure, explained clearly before work begins.
Constitutional Law in Kenya

What to Expect — Our Process

  • Initial consultation — you share the facts of your matter and the right or provision you believe has been violated.
  • Case assessment — we assess the constitutional grounds, your standing to bring the claim, and the likely remedies available.
  • Drafting — we prepare the petition or judicial review application, setting out the facts, the constitutional provisions engaged, and the relief sought.
  • Filing & service — we file the matter before the High Court and serve the relevant parties.
  • Representation — we represent you through hearings, submissions, and any appeal that follows.

Frequently Asked Questions
What is a constitutional petition and how do I file one in Kenya?

A constitutional petition is a court application asking the High Court to determine whether a law, policy, or government action violates the Constitution, and to grant an appropriate remedy. It is filed before the High Court’s Constitutional and Human Rights Division, setting out the facts, the constitutional provisions engaged, and the relief sought.

What is judicial review in Kenyan law?

Judicial review is the process by which courts examine the legality, procedural fairness, and reasonableness of a decision made by a public body or government official. It focuses on how a decision was made, rather than substituting the court’s own view for the decision-maker’s.

How can I challenge a government decision in court?

Depending on the nature of the decision, you may bring a judicial review application or a constitutional petition, particularly where a fundamental right has been affected. An advocate can assess which route fits your facts and the remedy you’re seeking.

Who can bring a constitutional petition in Kenya?

Kenya’s Constitution takes a broad approach to standing a person can bring a petition where their own rights have been affected, and in many cases, public interest litigants can also bring claims on behalf of others or in the general public interest, particularly for Bill of Rights matters.

How long does a constitutional case take in Kenya?

Timelines vary significantly depending on the complexity of the matter, whether interim orders are sought, and whether the case proceeds to appeal. Straightforward petitions can move relatively quickly, while matters involving significant public interest or novel constitutional questions often take longer given their complexity and the scrutiny they attract.

Call now for a Free Consultation

Contact

0710942629 / 0736677646 / omaadvocates@gmail.com / info@omaadvocates.co.ke

Office

A.C.K. Garden Annex, 1st Ngong Avenue, Ground Floor, Suite 04, Upper Hill, Nairobi, Kenya

Open Hours

Monday-Saturday 8 am – 5pm
Weekends on Appointments only.