Public law governs the relationship between legal persons and the government, institutions, and different branches of government. We represent clients in various matters including:
1. Criminal Litigation - We offer representation to clients in criminal matters to ensure just handling of their matters. We ensure their rights as accused persons are observed as provided for under Article 49 of the Constitution and they have a fair hearing as per Article 50 of the Constitution. We have represented clients in courts and in various specialized tribunals/courts including the Anti-Corruption and Economic Crimes Court. We offer services in applications for anticipatory bails; plea taking, bail applications, plea bargaining, representations in hearings, mitigating sentences, and appeals.
2. Judicial Reviews - Section 4 of the Fair Administrative Actions Act echoes Article 47 of the Constitution and reiterates the entitlement of every Kenyan to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. Sometimes administrative bodies make decisions that are unreasonable, unprocedural, irrational and biased. Such decisions can be quashed by the High Court through Judicial Reviews. The Constitution of Kenya 2010 changed the fundamental underpinnings of judicial review from the common law as codified in the Law Reform Act, and removed the old process only review to a process and merit-based review of decisions. The Fair Administrative Action Act at Section 7(2), sets out an expansive list of circumstances in which a court may review an administrative action or decision. We have mastered the art in this very technical and specialized area and offer robust representation and unrivalled drafting of pleadings to ensure the bast for our clients. Where officers of government or bodies refuse to take action, we also obtain orders to compel them to do those acts they ought to do.
3. Constitutional Petitions – Article 21 (1) of the Constitution provides that: “It is a fundamental duty of the State and every State organ to observe, respect, protect, promote, and fulfill the rights and fundamental freedoms in the Bill of Rights.” Constitutional Petitions are thus meant to check the government and other private persons from doing things which are contrary to constitutional dictates as well as present solutions. We have experience in the following:
4. Petitions to Court- High Court has jurisdiction to “hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights” in terms of Article 23(1) of the Constitution.
5. Petitions to Parliament – the right to petition Parliament in a democracy is of immense importance for safeguarding the rights of the citizens. The Constitution of Kenya in Articles 37 and 119 gives a broader framework to any citizen a right to petition public authorities and in particular Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation. This can be done by any citizen or by a Member of Parliament on behalf of the citizen(s). As required by the Constitution, Parliament enacted the Petitions to Parliament (Procedure) Act (No. 12 of 2012) to make provision for the procedure for the exercise of this right. Further, Part XXV of the Standing Orders of the Senate also make provision of how this right will be enjoyed or exercised.
6. Election Petitions– Election petitions require timeous and meticulous drafting, as their presentation is time bound. They also require ticking the right boxes to avoid litigants finding themselves in procedural straightjackets. Petitions challenging election results, must comply with the rules and procedures set out in the Elections Act and the Elections (Parliamentary and County Elections) Rules (Rules). This includes where applicable, Legal Notice No. 44 of 2013 which provided for specific requirements, mechanisms and time frame for the filing, hearing and determination of election petitions. We are well versed in this area and have collected numerous judicial pronouncements to ensure proper prior preparation and eventual success.
7. Legal Advisories- we offer periodical opinions, both on request and sometimes as pro-bono alerts on new areas of law to prevent clients being caught flat footed.