KATIBA INSTITUTE V. JUDICIAL SERVICE COMMISSION, SPEAKER OF THE NATIONAL ASSEMBLY, ATTORNEY GENERAL, AARON GITONGA RINGERA, JENNIFER SHAMALLAH, AMBROSE OTIENO WEDA, MUTUA KILAKA, COMMISSION ON ADMINISTRATIVE JUSTICE & LAW SOCIETY OF KENYA

JUDGMENT OF GATEMBU, JA

1. This appeal arises from the decision of the High Court rejecting the appellant’s application for leave to be admitted as amicus curiae. The main issue is whether “partisanship” is a proper criterion for declining to grant leave for an applicant to be admitted as amicus curiae.

Background

2. The 1^st respondent, the Judicial Service Commission, petitioned the High Court, the Constitutional and Human Rights Division at Nairobi, by a petition dated 30^th October 2013 that was amended on 3^rd December 2013 seeking, among other reliefs; a declaration that as a constitutional commission, it is not subject to the control or direction of the National Assembly or any of its committees; an order of certiorari to quash proceedings before the committee on Justice and Legal Affairs of the National Assembly seeking the removal of members of the Judicial Service Commission; an order of certiorari to quash the appointment of a tribunal under Article 251(4) of the Constitution on …