Constitutional LawLawyers, Public Interest Lawyering, and Constitutional Democracy in Kenya And Africa

What is strategic or public interest litigation in Kenya? What of public interest lawyering? What is pro bono, informa pauperis (pauper) briefs or poverty lawyering? Collaborative lawyering? Related concepts are class action, representative suit, group action……. How does PIL relate to strategic, public interest, and social action litigation in Nigeria, South Africa, Uganda, Tanzania, India, UK and USA? What is the appropriate Afro-Kenyanist approach to the study on lawyers and public interest lawyering?

This Chapter thus addresses three inter-related research questions on strategic or public interest lawyering or litigation (PIL) in Kenya. First, what is PIL and how do the economic political and cultural interests manifest themselves in the realm of political lawyering, or “political justice”? Second, what is the impact of the major or profound PIL cases that have been litigated in Kenya since 1952 when a state of emergency was declared and how have they impacted on the development of rule of law, human rights, social justice and constitutional democracy? Third, how can strategic lawyering and PIL be strengthened in Kenya and Africa to secure economic equity, cultural inclusion, the rule of law, human rights, good governance and constitutional democracy?

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