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Supreme CourtAllowedPetition (Application) E041 of 2025

Coalition on Violence against Women & 11 others v Attorney General & 5 others

Supreme Court of Kenya
19 June 2026
1,276 words in judgment
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The bottom line

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Supreme Court allows friend-of-the-court brief from Katiba Institute on state obligations in sexual violence cases.

What this practically means

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Katiba Institute, a non-profit, applied to be a friend of the court in a Supreme Court case. The Court allowed it because the Institute has expertise in human rights, is independent, and its brief addresses new legal points about the state's duties in sexual violence cases by non-state actors. The Court will consider the written brief without oral arguments.

Executive summary

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This ruling by the Supreme Court of Kenya (a five-judge bench) concerns an application by Katiba Institute, a non-profit organization, to be admitted as amicus curiae in SC Petition (Application) No. E041 of 2025. The application was brought under Rule 19 of the Supreme Court Rules, 2020, and the guidelines from Trusted Society of Human Rights Alliance v. Mumo Matemu. Katiba Institute sought leave to file an amicus brief addressing novel legal issues regarding the State's due diligence obligations to victims of sexual and gender-based violence committed by non-state actors in conflict situations, the applicable burden and standard of proof, and transformative remedies. The Court noted that Katiba Institute had participated as amicus in the High Court and Court of Appeal, demonstrated expertise in constitutional and human rights law, and all parties consented to its admission. The Court allowed the application, deeming the amicus brief as duly filed, but directed that the Court would consider the brief without oral submissions. The Court also ordered each party to bear their own costs, citing the public interest nature of the matter and the parties' consent. The ruling reaffirms the criteria for amicus curiae admission: proven expertise, independence and impartiality, or public interest, and that the brief must address novel points of law not already covered by the parties.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the intended amicus curiae, Katiba Institute, should be granted leave to join and participate in the proceedings as amicus curiae.

Key legal issues

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01

Whether Katiba Institute meets the criteria for admission as amicus curiae under Rule 19 of the Supreme Court Rules, 2020 and the guidelines in Trusted Society of Human Rights Alliance v. Mumo Matemu.

Holding

The Court held that Katiba Institute met the criteria because it demonstrated expertise in constitutional and human rights law, its proposed brief addressed novel points of law not covered by the parties, and the parties consented to its admission.

Reasoning

The Court considered the application under Rule 19 of the Supreme Court Rules, 2020, which requires proven expertise, independence and impartiality, or public interest. It noted that Katiba Institute had participated as amicus in the lower courts, its brief addressed issues of state obligations in sexual and gender-based violence cases not raised by the parties, and all parties consented. The Court found the submissions would be of valuable assistance and allowed the application, limiting participation to the filed brief without oral submissions.

Legal principles established

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  • A friend of the court must show expertise, independence, or public interest.
  • The brief must address legal points not already argued by the parties.
  • The brief should be filed on time.
  • The Court may limit participation to written submissions only.
  • Consent of parties is considered but not required.
  • In public interest cases, each side pays its own costs.

Court orders

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  1. 1.The applicant’s Notice of Motion dated 7th October 2025 and filed before this Court on 14th October 2025 be and is hereby allowed.
  2. 2.The amicus brief attached to the application is deemed as duly filed with the Court’s leave, and it is directed that the Court shall consider the brief without the necessity of the applicant making oral submissions at the hearing of the petitions.
  3. 3.Each party shall bear their costs.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Martha Karambu Koome
M.K. KoomeCJ
Currently serving
majority

Wrote the judgment

Philomena Mbete Mwilu
P.M. MwiluDCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
William Ouko
W. OukoSCJ
Currently serving
majority
Jurisdiction invoked
Rule 19 of the Supreme Court Rules, 2020

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The applicant’s Notice of Motion dated 7th October 2025 and filed before this Court on 14th October 2025 be and is hereby allowed.
p. 4 Final orders allowing the application
The amicus brief attached to the application is deemed as duly filed with the Court’s leave, and it is directed that the Court shall consider the brief without the necessity of the applicant making oral submissions at the hearing of the petitions.
p. 4 Disposition of amicus brief
Each party shall bear their costs.
p. 4 Costs order
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.
p. 4 Guiding principle for amicus curiae

Key timeline

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2025-10-07
Notice of Motion dated
2025-10-14
Application filed with Supreme Court
2025
Ruling delivered allowing application

Practical implications

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For lawyers

When to seek amicus status

The ruling confirms that amicus briefs must bring novel legal arguments. Lawyers should ensure their proposed brief addresses gaps in the parties' submissions, demonstrates expertise, and is filed promptly. The Court may deny oral argument, so focus on written advocacy.

For businesses

Relevance to corporate human rights duties

While this ruling is procedural, it could affect businesses if the underlying case expands state obligations for non-state actor violence. Companies with operations in conflict zones should monitor for potential new due diligence requirements.

For individuals

Potential for stronger victim protections

Katiba Institute's brief argues for state accountability in sexual violence cases. If successful, victims may gain clearer legal standards for state obligations and remedies. This ruling allows that argument to be heard.

Frequently asked questions

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What is a friend of the court in Kenya?+

A friend of the court (amicus curiae) is an expert who provides legal arguments on new points of law not raised by the parties. In Kenya, the Supreme Court allows them only if they have expertise, independence, or public interest.

How do I become a friend of the court in Kenya?+

You apply under Rule 19 of the Supreme Court Rules, 2020. You must show proven expertise, independence, impartiality, or public interest, and your brief must address novel legal issues not already covered by the parties.

What was the Katiba Institute case about in Kenya?+

Katiba Institute sought to be a friend of the court in a Supreme Court case about state obligations for sexual and gender-based violence by non-state actors in conflict. The Court allowed their brief.

Can a friend of the court make oral arguments in Kenya's Supreme Court?+

Not always. The Court may limit participation to written briefs without oral submissions, as in the Katiba Institute case, to save time and focus on the legal arguments.

Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Coalition on Violence against Women & 11 others v Attorney General & 5 others", Case Analysis (2026). Petition (Application) E041 of 2025. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2026/45/eng@2026-06-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.