Friend of The Court & The 2010 Constitution: The Kenyan Experience
We are glad to be part of the launch of a new publication titled Friend of The Court & The 2010 Constitution: The Kenyan Experience and Comparative State Practice on Amicus Curiae
Since the opening of the Kenyan Supreme Court, a sculpture of Wanjiku, the Kenyan commoner as referred to by the former President Daniel Arap Moi, has stood at the main entrance. The statue is the symbolic answer to Moi’s rhetorical question, ‘What does Wanjiku know about the Constitution?’
She knows everything. The 2010 Constitution is the people’s document, derived through public participation and approved by popular vote.
The Constitution was not just made by and for Wanjiku, it is informed by her lived experiences, the experiences of all Kenyans.
That is what makes the role of the friend of the court, or amicus curiae, such an important part of the Kenyan Constitution. Article 22(1) states that ‘Every person has a right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened’. Article 23 further states that anyone with particular expertise can, upon request, act as a friend of the court.
To learn more about this please download and read the Publication