account
when
faced with
an application
such
as the one
before
us?
20.In
Avocats
saeenaes Rule
regard
then
an
application
curiae
it shall
discretion
however,
21. We
J.
E.A.
428
to
allowed
the
join
part
Court
stated
that
of Procedure
2013,
with
existing
which
of the
this
proceedings
application
is
also
Court.
an
Like
as
is justified,
expression
all
of
discretions,
it must be exercised judiciously."
that
holding
in Dritoo
where
‘The Court
curiae
(supra),
provides that: ‘If the
be
on
restate
Fuad
Frontieres
36(4) of this Court’s Rules
to
amicus
Sans
vs.
and
Nik
would
also
Distributors
repeat
the
words
Administration
of
[1968]
he stated that :-
has
wide
discretion
if it considers
that
the
to ask for assistance
interests
of justice
of a
would
be served.’
22.In
exercising
Court
as above,
what
guidelines
look at in relation to the role of amicus
Matemu
&
Commission
Supreme
and
discretion
of
Others
vs.
Kenya
of Jurists
Court
&
of Kenya
relevance
to
the
Anor,
set out
Section
No.12
a number
present
matter,
the
curiae ? In Mumo
of the
Petition
should
International
of 2013,
of such
they
the
guidelines
include
the
following:
i) An amicus
ii) The
brief should be limited to legal argument;
relationship
between
amicus
curiae,
the
parties and the direction of amicus intervention,
principal
ought to be
APPLICATIONS No.3 OF 2015
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