Introduction

This report discusses themes and trends in Public Interest Litigation (PIL) cases in Kenya following
the promulgation of the Constitution of Kenya 2010. It is based on a comprehensive review
of leading PIL cases in Kenya since 2010 that address the constitutional themes of citizenship,
rights guaranteed under the Bill of Rights, land and environment, leadership and integrity,
representation of the people, devolved government, public finance, national security, and
independent commissions. A compendium of the cases analysed, along with a brief factual and
legal analysis, accompanies this report.

The rationale of the report is threefold. Firstly, to determine whether Kenyans have taken
advantage of the opportunities for enforcement, through litigation, of rights, duties, values and
principles granted by the Constitution. Secondly, to address whether the decisions of the courts
and their implementation by public authorities has translated to a culture of constitutionalism in
Kenya. Thirdly, to draw lessons on how effective PIL has been applied in Kenya as a strategy for
constitutional implementation and protection. The findings of the study will be useful to citizens,
human rights activists, and civil society organisations (CSOs) that are interested in human rights
protection and observance of the rule of law in Kenya.

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