This book focuses on amicus curiae (or friend of the court) and the role it plays—and can play—in Kenyan law. In doing so, the book, analyses the developing jurisprudence in Kenya following the implementation of the 2010 Constitution and discusses how different jurisdictions have developed their jurisprudence to incorporate the friend of the court.

As the Kenyan Judiciary refines its constitutional jurisprudence, the decisions regarding the role of amicus curiae will prove instrumental. As it decides how to incorporate the friend of the court, the Kenyan Judiciary must decide whether to revert to its insular past or move towards a more inclusive jurisprudence. As it develops the criteria for who can participate, the court must determine whether it will honour the interpretative guidelines outlined in the Constitution or turn to a more nebulous common law. As it determines how an amicus participates, the Judiciary will further hone its procedural and administrative rules. And as it incorporates amicus curiae into the litigation process, it will develop more thorough, better reasoned, and more credible decisions. Should the judiciary embrace the friend of the court as imagined under the Constitution, it will make the court better, stronger, and a more successful defender of the rights and freedoms guaranteed to the people of Kenya.

This is a collaborative project between the Kenya Judiciary Training Institute (JTI), the National Council on the Administration of Justice (NCAJ), International Development Law Organization (IDLO), Public International Law & Policy Group (PILPG), Equality Now, Solidarity for African Women’s Rights (SOAWR) Coalition, Kenyans for Peace with Truth and Justice, The Kenyan Section of the International Commission of Jurists, and Katiba Institute.”

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