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Friend of the Court & the 2010 Constitution: The Kenyan Experience and Comparative State Practice on Amicus Curiae

Date of Publication: 
Friday, August 18, 2017
About This Publication: 

This book provides the courts with guidance when determining when to admit ‘friend of the court’ or ‘amicus curiae’ petitioners and when to seek out amicus participation of their own initiative. The publication considers the prevailing legal framework together with case law and illustrations from comparative jurisdictions to allow for a better understanding of amicus and ensure more consistent and efficient determinations of who should be allowed to participate as amicus in Kenya. Thematically, it explores electoral dispute resolution, gender, economic and social rights, and environment law, with comparative perspectives on the practice in South Africa, Canada, India and others. The publication was jointly developed by the International Development Law Organization (IDLO), the Kenya Judiciary Training Institute (JTI), the National Council on the Administration of Justice (NCAJ), the Public International Law & Policy Group (PILPG), Equality Now, the Solidarity for African Women’s Rights (SOAWR) Coalition, Kenyans for Peace with Truth and Justice, the Kenyan Section of the International Commission of Jurists (ICJ), and the Katiba Institute