Constitutional Petitions

A petition to initiate the procedure for the review of the constitutionality of regulations is a legal remedy by which a petitioner in proceedings before the Constitutional Court challenges the consistency of laws with the Constitution or an inconsistency of regulations or general acts issued for the exercise of public authority with the Constitution or laws.

Anyone who demonstrates legal interest may lodge a petition to initiate the procedure for the review of the constitutionality or legality of regulations.

Legal interest is deemed to be demonstrated if challenged provisions directly interfere with the petitioner’s rights, legal interests, or legal position, and if a Constitutional Court decision in favour of the petitioner will improve their legal position.

The Constitutional Court is an independent and autonomous state authority which carries out constitutional review – it is the highest body of the judiciary for the protection of human rights and fundamental freedoms in Kenya and a guardian of constitutionalism and legality.The decisions of the Constitutional Court are binding. In relation to other state authorities, the Constitutional Court is an autonomous and independent state authority. The seat of the Constitutional Court is in Nairobi.