Article 22 (3) of the Constitution provides that the Chief Justice will put in place procedures

that promote access to courts. Even though sub-article (4) provides that absence of these rules
does not limit the right of any person to commence court proceedings.

The precise reliefs available depend on the specific right which has been, or is being
threatened to be, infringed and the context of the claim.
1. Declaration that a right has been violated or that a law is incompatible with a right or
freedom - Article 23 (3) (a):
This remedy is applied for so that a court or judicial tribunal may make a judicial declaration
that the decision, order or legislation complained of is incompatible with the applicants
human rights. The declaration itself does not provide redress for the applicant, but in certain
circumstances an agency or lower tribunal will be expected to abide by the declaration and
rectify the situation.
2. Injunctions and conservatory orders Article 23 (3) (b) and (c):
An injunction can be sought to compel a public body to comply with its statutory duties, to
restrain the implementation of unlawful decisions, or to restrain a public body from acting
unlawfully. A conservatory order on the other hand is applied for, for the maintenance of a
status quo, known popularly as a stay in civil litigation, but which in human rights litigation
is meant to conserve a particular situation or state of facts on the basis that to do otherwise
would violate a right or freedom. For instance,the High Court in HCCC Petition No. 65 of
2010, Satorose Ayuma and Others v. The Registered Trustees of the Kenya Railways Staff

retirement Benefits Scheme and Two Others, granted a temporary injunction in a

constitutional petition brought under the new Bill of Rights restraining the respondents from
demolishing, evicting or terminating the applicants leases pending final determination of the
case. The temporary injunction was part of an overall prayer for a conservatory order
stopping the respondent from proceeding with evictions of the applicant.
3. Compensation (Article 23 (3) (e): The court may order financial compensation either from
the State or other offender for physical and psychological injuries or other harm sustained in
connection with a human rights violation

4. Order for judicial review Article 23 (3) (f): The court can make an order:
Quashing the decision of a public body certiorari. In this instance, the court will not
generally substitute its own decision for that of the public body but will simply quash
the decision and set it aside (although the court may indicate the correct interpretation of
the applicable convention or statute);
Compelling a public body to comply with its statutory duties mandamus. In this
instance, the court is likely to remit the matter back to the public body with a direction
to reconsider; or
Preventing a public body from acting unlawfully in the future - prohibition. This remedy
can be sought at an earlier stage in respect of an anticipated breach.