The Law Society of Kenya joined as amicus curiae in the Presidential Election Petition
The instant application was filed by the Law Society of Kenya, seeking leave to be joined as amicus curiae in the Presidential Election Petition No. E005 of 2022. The application was brought pursuant to rule 17A(1) and (2) of the Supreme Court (Presidential Election Petition Rules) 2017 and rule 19 of the Supreme Court Rules, 2020.
What were the requirements to be met for a party to join a suit as an amicus curiae in a presidential election petition?
- On the basis of the contents of the amicus brief, the application satisfied the test established by the court in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 Others, SC Petition No. 12 of 2013;  eKLR and Francis Muruatetu & Another v Republic and 5 Others, SC Petition No. 15 &16 of 2015 (Consolidated): eKLR for admission of amici curiae; and the requirements of rule 17 A (1) and (2) of the Supreme Court (Presidential Election Petition) Rules, 2017 and rule 19 of the Supreme Court Rules, 2020.