Following the promulgation of the Constitution Kenya 2010, Kenya prides itself as having one of the most progressive constitutions in the world. However, it is only through its implementation that we can secure the gains and actualise the aspirations of Kenyans as enshrined the Constitution, otherwise provisions therein will remain an illusion. Parliament has done, and is still doing its part, by passing the necessary implementing legislation. Public Interest Litigation, through which the courts are called upon to interpret the Constitution and other statutory provisions, is one of the most effective ways implementation of the constitution. It is with this objective that MMC Africa Law has established the Public Interest Litigation Department (PILD). The Department intends to address public interest issues affecting the public or whose impact affects not only the litigant, but the society at large. PIL seeks to persuade courts to interpret the law and urging courts to redefine rights in the Constitution, statutes and treaties to better address issues affecting the society.
PIL seeks to obtain redress for violation of rights or the Constitution, challenge government action or inaction, legislation or policies. It also seeks to raise awareness on issues affecting the larger public, and in doing so change of societal attitudes, enforce existing laws, reform public institutions and thereby be a catalyst in legal and policy reform.
It is with the above in mind that PIL has filed Advisory Opinion Reference No 1 of 2017 in which Kenya National Commission on Human Rights (KNCR) seeks an advisory opinion of the Supreme Court of Kenya on whether persons who do not meet the integrity threshold requirements of Chapter Six of the Constitution (on Leadership and Integrity) can seek elective and appointive positions in public service.