WAIKWA WANYOIKE: Strategic Litigation as a guardrail to protect and sustain Kenya’s transformative 2010 Constitution
(11th CB Madan Memorial Lecture presented by Waikwa Wanyoike on 15 December 2023 at Strathmore Law School )
In this paper, I try to do three things. First, I attempt to explain what Strategic Litigation (SL) is by
comparing and contrasting it with Public Interest Litigation (PIL) and providing its defining elements. Secondly, I discuss the concept of transformative constitutionalism including the constitutional ideological underpinnings of transformative constitutionalism. Finally, I explain how SL and which of its factors are critical in promoting transformative constitutionalism.
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Strategic Litigation as a guardrail to protect and sustain Kenya’s transformative 2010 Constitution