Constitutional Law
Constitutional Law focuses on the interpretation and application of a country’s constitution, protecting fundamental rights and guiding government powers.
At Mugweru & Ndege Legal Associates Advocates, constitutional law is at the heart of our legal practice. We believe the Constitution of Kenya, 2010 is more than a legal document—it is a living framework that guarantees rights, limits the powers of government, and defines the fundamental principles of justice, democracy, and rule of law. Our firm is dedicated to defending the supremacy of the Constitution and ensuring that individuals, institutions, and public authorities alike are held accountable to its provisions.
We offer comprehensive legal services in all areas of constitutional law, including constitutional litigation, public interest cases, judicial review, and the enforcement of fundamental rights and freedoms. Our practice is guided by a deep respect for the Constitution’s transformative nature, especially its emphasis on human dignity, equality, freedom, social justice, and accountability.
Enforcement of the Bill of Rights
Our firm represents clients in cases involving the violation of rights and freedoms enshrined in the Bill of Rights. These include, but are not limited to, the rights to life, equality and freedom from discrimination, freedom of expression, freedom of association, the right to fair administrative action, the right to privacy, and the right to access information. We assist both individuals and organizations to seek redress when their constitutional rights have been infringed, and we are well-versed in filing constitutional petitions and appearing before the High Court and superior courts.
Judicial Review and Oversight of Public Power
We play a vital role in holding public bodies and state organs accountable. Our firm offers legal expertise in judicial review—challenging decisions or actions by public officials that are irrational, illegal, or procedurally unfair. We support clients in seeking legal remedies against unlawful administrative conduct, abuse of discretion, and violations of constitutional mandates by government agencies, county governments, commissions, and parastatals.
Governance, Devolution, and Electoral Justice
We provide legal counsel on matters of governance and devolution, including the constitutional roles and limits of national and county governments, public finance management, and intergovernmental disputes. We also handle election-related petitions and disputes, ensuring that electoral processes conform to the principles of free, fair, transparent, and accountable governance, as envisioned in the Constitution.
Legislative and Policy Challenges
Our constitutional law team frequently advises clients on the constitutionality of laws, regulations, and policies. We engage in strategic litigation aimed at invalidating laws that contradict constitutional principles, whether through content, process, or effect. This includes laws that infringe on rights, violate the separation of powers, or undermine public participation.
Public Interest and Impact Litigation
We are passionate about using constitutional litigation to advance social justice and systemic reform. Through public interest litigation, we represent communities, advocacy groups, and civil society organizations in cases that seek to protect the environment, fight inequality, promote transparency, and ensure access to essential services such as health, education, and housing.
At Mugweru & Ndege Legal Associates Advocates, our mission is to be at the forefront of constitutional advocacy in Kenya. We strive to make the Constitution a meaningful tool in the lives of ordinary citizens by fighting for rights, challenging injustice, and upholding the principles of democratic governance. Through a client-centered approach and deep legal insight, we are committed to defending the Constitution and shaping a just, equitable, and accountable society.
