Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Kanjama (Intended Amicus Curiae)
The bottom line
#Court rejected Kanjama's bid to join 2017 presidential election petition as amicus.
What this practically means
#Charles Kanjama, a lawyer with IT skills, asked the Supreme Court to join the 2017 presidential election petition as a friend of the court (amicus curiae). All parties opposed. The court said each amicus request is judged on its own facts. Because the petition needed an IT expert, not a lawyer with IT as a secondary skill, the court dismissed his application. His previous appointment as amicus in another case did not guarantee a repeat admission.
Executive summary
#Key legal issues
#Whether the applicant met the threshold for admission as amicus curiae in a presidential election petition
The applicant did not meet the threshold because his expertise was primarily legal, not technical in information technology and systems, which was the specific need of the court in this petition.
The court acknowledged the applicant's status as a renowned constitutional lawyer and his previous admission as amicus in another Supreme Court matter. However, the court distinguished that prior admission, holding that each case is determined on its own merits. The court found that the applicant's primary discipline was law, and the petition required a technocrat in information technology and systems, which the applicant possessed only as a secondary discipline. The court was unconvinced that his expertise sufficed for the technological issues at hand. Additionally, all parties opposed the application, which the court noted as a relevant factor in exercising its discretion.
Legal principles established
#- Being an amicus in a past case does not guarantee admission in a new case; each application is judged on its own merits.
- The court has discretion to admit an amicus, and can consider opposition from all parties as a factor.
- An applicant must show expertise matching the court's specific needs in the case.
- A lawyer with IT as a secondary skill may not qualify as amicus when the case requires a primary IT technocrat.
- An amicus should not introduce new issues but assist the court on existing ones.
Court orders
#- 1.The application for admission as amicus is hereby dismissed
- Jurisdiction invoked
- Inherent jurisdiction of the Supreme Court to regulate its own procedure
Key timeline
#Practical implications
#Amicus applications must match court's need
When applying as amicus curiae in a specialized case, ensure your primary expertise directly addresses the court's identified gap. Do not rely on prior admissions; each application requires independent justification. Opposition from all parties is a significant factor that may tip the court's discretion against you. Prepare to show your skill is exactly what the court lacks, not just a secondary competence.
Expertise on demand: be precise
If your firm provides expert assistance to courts or tribunals, understand that general expertise is not enough. The court will assess whether your core discipline matches the specific technical issue (e.g., IT systems in an election petition). Tailor your submissions to demonstrate primary, not secondary, competence in the area the court needs help with. Generic credentials may not suffice.
Past success does not guarantee future
If you ever acted as a court friend (amicus) in one case, do not assume you can do so again. Each case is judged separately. The court will ask: does this specific case need your kind of expertise? Also, if everyone else in the case opposes your involvement, the court is likely to reject your request. So, each application is a fresh start with new hurdles.
Frequently asked questions
#What is an amicus curiae in Kenya?+
An amicus curiae, or friend of the court, is a person or group not a party to a case who offers expertise or arguments to help the court decide. In Kenya, the Supreme Court decides who can join, based on the case's needs.
Why was Charles Kanjama rejected as amicus in the 2017 election petition Kenya?+
The court said the petition needed an IT technocrat, not a lawyer with IT as a secondary skill. Kanjama is primarily a lawyer, and all parties opposed his admission. Each amicus request is judged on its own facts.
Can a person be an amicus in multiple cases in Kenya?+
Yes, but not automatically. The Supreme Court ruled that being an amicus in one case does not guarantee admission in another. Each application is decided based on the unique issues and needs of that case.
How do courts decide amicus applications in Kenya?+
Courts consider the applicant's expertise, whether it matches the case's technical needs, and whether parties oppose. The court has full discretion. No one has a right to be an amicus; it is a privilege granted case by case.
Cite this brief
#Cite this brief
Caselaw, "Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Kanjama (Intended Amicus Curiae)", Case Analysis (2017). Election Petition 1 of 2017. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2017/27/eng@2017-08-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.