otherwise be drawn.
in_the
proceedings
In return for the privilege of participating
without
having
to qualify
as
a party,
an
amicus has a special duty to the Court. That duty is to provide
cogent
and
amicus
raise
helpful
must
new
submissions
that
not repeat arguments
contentions;
and
assist
already
generally
the
Court.
The
made
but it must
new
contentions
these
must be raised on the data already before the Court. Ordinarily,
it_is_
inappropriate
for
_an_amicus
to
try
to
introduce
new
contentions based on fresh evidence.‘ (Emphasis added)
25. Further, in Mumo
Matemu
it is not for the
(supra), the Court stated that :
amicus
to suggest
to the
or right, nor to advise
Court
decsion was
wrong
to arrive at.
The pursuit of a particular outcome
whether
a
on which resolution
is reserved to
the parties to the controversy, including the interested Parties or
interveners.’
26. In the above context, we have seen a press statement issued by
the Applicant
internet
which
the
on
dated
the
10th
18th
May,
Februry,
Applicant’s
its
law
annulment.
It
as well as print outs from the
2014
Executive
Anti-Homosexuality
lauding
2011
and
Director
upon
has
its
been
10th
August,
is quoted
enactment
submitted
2014
as
faulting
and _
that
in
later
these
statements are an expression of bias and lack of partiality but
our considered view, the undenied
of the Applicant’s mandate,
statemens were made
in
as part
generally, and not necessarily in the
context of the Reference before this Court. The statements were
also made
targetted
generally
as regards
at the various
sections
the impugned
law and were
of the law placed
not
before us for
APPLICATIONS No.3 OF 2015
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