Legislation relating to public interest litigation Constitution of Kenya, 2010: Article 22: (3) The Chief Justice shall make rules

providing for the court proceedings referred to in this Article, which shall satisfy the criteria that–– (a) the rights of standing provided for in clause (2) are fully facilitated; (b) formalities relating to the proceedings, including commencement of the proceedings, are kept to the minimum, and in particular that the court shall, if necessary, entertain proceedings on the basis of informal documentation; (c) no fee may be charged for commencing the proceedings; (d) the court, while observing the rules of natural justice, shall not be unreasonably restricted by procedural technicalities; and (e) an organisation or individual with particular expertise may, with the leave of the court, appear as a friend of the court. (4) The absence of rules contemplated in clause (3) does not limit the right of any person to commence court proceedings under this Article, and to have the matter heard and determined by a court. Article 47: (1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. (2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action. (3) Parliament shall enact legislation to give effect to the rights in clause (1) and that legislation shall— (a) provide for the review of administrative action by a court or, if appropriate, an independent and impartial tribunal; and (b) promote efficient administration. Article 48: The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice. Article 67: (1) There is established the National Land Commission. (2) The functions of the National Land Commission are— (f) to encourage the application of traditional dispute resolution mechanisms in land conflicts; Article 159: (1) Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution. (2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles— (a) justice shall be done to all, irrespective of status; (b) justice shall not be delayed;

Civil Procedure Act. in the exercise of its powers under this Act or the interpretation of any of its provisions. (b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality. or (c) is inconsistent with this Constitution or any written law. (b) the efficient disposal of the business of the Court. (d) justice shall be administered without undue regard to procedural technicalities. Section 1B: (1) For the purpose of furthering the overriding objective specified in section 1A. in the exercise of its powers under this Act or the interpretation of any of its provisions. to participate in the processes of the Court and to comply with directions and orders of the Court. (2) The Court shall. proportionate and affordable resolution of the appeals governed by the Act. (d) the timely disposal of the proceedings. Cap 21: Section 1A: (1) The overriding objective of this Act and the rules made hereunder is to facilitate the just. (3) An advocate in an appeal presented to the Court is under a duty to assist the Court to further the overriding objective and. to participate in the processes of the Court and to comply with the directions and orders of the Court. .(c) alternative forms of dispute resolution including reconciliation. proportionate and affordable resolution of the civil disputes governed by the Act. to that effect. expeditious. arbitration and traditional dispute resolution mechanisms shall be promoted. (3) Traditional dispute resolution mechanisms shall not be used in a way that— (a) contravenes the Bill of Rights. (3) A party to civil proceedings or an advocate for such a party is under a duty to assist the Court to further the overriding objective of the Act and. and (e) the purpose and principles of this Constitution shall be protected and promoted. to that effect. and all other proceedings in the Court. (2) The Court shall. (c) the efficient use of the available judicial and administrative resources. mediation. seek to give effect to the overriding objective specified in subsection (1). the Court shall handle all matters presented before it for the purpose of attaining the following aims— (a) the just determination of the proceedings. Cap 9: Section 3A: (1) The overriding objective of this Act and the rules made hereunder is to facilitate the just. seek to give effect to the overriding objective specified in subsection (1). and (e) the use of suitable technology. expeditious. Appellate Jurisdiction Act. at a cost affordable by the respective parties. subject to clause (3).

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing. (c) To be tried without undue delay. but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. if he does not have legal assistance. 3. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. or of his rights and obligations in a suit at law. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. All persons shall be equal before the courts and tribunals. International Covenant on Civil and Political Rights Article 14 1. or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. In the determination of any criminal charge against him.International Conventions: 1. in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him. b. (d) To be tried in his presence. The press and the public may be excluded from all or part of a trial for reasons of morals. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal. and to have legal assistance assigned to him. 1948 Universal Declaration of Human Rights a. Convention of 25 October 1980 on International Access to Justice 2. everyone shall be entitled to the following minimum guarantees. in the determination of his rights and obligations and of any criminal charge against him. public order (ordre public) or national security in a democratic society. 2. and without . In the determination of any criminal charge against him. and to defend himself in person or through legal assistance of his own choosing. or when the interest of the private lives of the parties so requires. of this right. 3. in any case where the interests of justice so require. independent and impartial tribunal established by law. everyone shall be entitled to a fair and public hearing by a competent. to be informed.

regulations and customs in force. the person who has suffered punishment as a result of such conviction shall be compensated according to law. including the right to be defended by counsel of his choice. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice. Punishment is personal and can be imposed only on the offender. (g) Not to be compelled to testify against himself or to confess guilt. (b) the right to be presumed innocent until proved guilty by a competent court or tribunal. (c) the right to defense. 7.payment by him in any such case if he does not have sufficient means to pay for it. (d) the right to be tried within a reasonable time by an impartial court or tribunal. (e) To examine. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. . Every individual shall have the right to have his cause heard. 2. 6. or have examined. (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court. 4. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 4. the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. laws. In the case of juvenile persons. African Charter on Human and Peoples Rights Article 7 1. 5. the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed.

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