governed
by
the principle
of neutrality,
and fidelity
to the
law;
iii) An amicus
brief should
address point(s) of law not already
addressed by the Parties to the suit or by other amici, so as
to introduce only novel aspects of the legal issue in question
that aid the development of the law;
iv) Where,
in
adversarial
proceedings,
Parties
allege
that
a
proposed amicus curiae is biased, or hostile towards one or
more of the parties,
conduct,
Court,
the
appears
the
to
be
partisan
Parties
to be
heard
& Others vs. IEBC &
of 2013
on
through previous
an
issue
before
the
Court will consider such an objection by allowing
respective
Odinga
or where the Applicant,
- Katiba
on
Others;
the
issue
(see Raila
S. C. Petition No.5
Institute’s Application
to appear
as
amicus);
v) The
Court will regulate the extent of amicus participation in
proceedings,
to forestall the degeneration
of amicus
role to
partisan role;
vi) In
appropriate
cases
and
at
its
discretion
the
Court
may
assign questions for amicus research and presentation;
vil) The Applicant ought to be neutral in the dispute,
where
the
dispute is adversarial in nature;
vill) The Applicant ought to show that the submissions intended
to be
would
advanced
otherwise
will give
not
have
such
assistance
been
available.
to the
The
Court
as
Applicant
APPLICATIONS No.3 OF 2015
Page 9