Judicial Enforcement of Public Interest Litigation (Pil) Under the 2010 Constitution of Kenya

Abstract

The promulgation of the 2010 Constitution of Kenya (CoK), has firmly entrenched public interest litigation (PIL). It has furtherliberalised the rule of standing in PIL. What the litigants need to show is that, they have no personal gains in the matter. It is solely public interest. However, the CoK and the various legislations in which public interest is referenced does not define public interest neither do they provide what constitutes public interest. The interpretation of what constitutes public interest is solely left to the interpretation of the courts. Since, the promulgation of CoK, litigants have continued to approach the Kenyan courts on the ground of PIL to enforce human rights and the Constitution. While PIL is a noble tool in enhancing justice, the court has to ensure that it guards itself against litigation that is frivolous and meant to pursue personal interests in the disguise of PIL. PIL cases must be genuine and legitimate.