RULING
A.INTRODUCTION
[1] This is a Notice of Motion dated 3rd March, 2015, filed by Katiba Institute seeking leave to be enjoined in the substantive appeal as amicus curiae. The application is supported by affidavit sworn by Christine Nkonge, the applicant’s litigation counsel.
SUBMISSIONS OF THE PARTIES
The Intended Amicus curiae/Applicant
[2] Learned counsel for the applicant, Mr. Lempaa submitted that the applicant is an institution with expertise in constitution-making and design, and would therefore contribute to the resolution of the issue at hand. He urged that the applicant was non-partisan in the matter, and was only keen to aid the Court in interpreting and applying constitutional principles on the issues arising, by proposing a comparative approach. Mr. Lempaa submitted that the applicant had no special interest in the matter, personal or commercial, and its sole motivation was fidelity to the law and the Constitution of Kenya, 2010.
[3] In its grounds in support of the applicat…