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Filing a rights case for someone else or for the public

Constitution of Kenya · sources read 5 Oct 2026

Yes. Besides acting for yourself, you can go to court for someone who cannot act in their own name, for a group, in the public interest, or as an association for its members. This applies to Bill of Rights cases and to any breach of the Constitution.

Where
The High Court
Read the law

Steps

  1. File a petition at the High Court, which hears claims that a right in the Bill of Rights was denied, violated or threatened. Say who you are acting for.
  2. The petition must state: your name and address; the facts; the constitutional provision violated; the harm caused or likely (to you, the person you act for, or in a public interest case to the public or community); any related civil or criminal case; the order you want. You or your advocate must sign it. Use Form A in the Rules' Schedule.
  3. Attach any document you rely on to your supporting affidavit, or to the petition itself if you have no affidavit.
  4. Keep it simple. Formalities are kept to a minimum and the court can accept informal documents if needed.
  5. An organisation or expert can also ask the court for permission to join an existing case as a friend of the court.

Watch out

  • No fee may be charged for starting a Bill of Rights case.
  • Filing for one other person is only for someone who cannot act in their own name.
  • It is not only about rights: the same people can go to court claiming any part of the Constitution has been broken or is about to be.
  • If you cannot write a formal petition, the court may accept an oral application or a letter that shows a right was violated or threatened. The court then puts an oral application into writing.

Who this covers

  • Someone acting for a person who cannot act in their own name
  • A member of a group or class of people, or someone acting in its interest
  • Anyone acting in the public interest
  • An association acting for one or more of its members
Official sources (2)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 4 Oct 2026
  2. Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 (L.N. 117/2013) new.kenyalaw.org · read 5 Oct 2026

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