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
Steps
- 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.
- 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.
- Attach any document you rely on to your supporting affidavit, or to the petition itself if you have no affidavit.
- Keep it simple. Formalities are kept to a minimum and the court can accept informal documents if needed.
- 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)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 4 Oct 2026
- 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