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Supreme CourtDismissedPetition 12 of 2013

Trusted Society of Human Rights Alliance v Matemo & 5 others

Supreme Court of Kenya
27 February 2014
Mohammed Khadhar IbrahimMohammed IbrahimSmokin Charles WanjalaSmokin Wanjala
2,685 words in judgment
View original judgmentRead on Kenya LawDownload the judgment (PDF) Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The Law Society of Kenya cannot intervene in court to support individual members or challenge pleadings.

What this practically means

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The Supreme Court of Kenya dismissed the Law Society of Kenya's attempt to join a case in support of an individual lawyer. The court explained that the LSK's role is to serve the public interest, not to champion individual causes. It also said the LSK cannot question the quality of court documents once a case is filed. Only neutral legal experts or parties with a direct stake in the outcome can join a case.

Executive summary

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This Supreme Court ruling addressed an application by the Law Society of Kenya (LSK) to be enjoined as an interested party in an appeal concerning the appointment of Mumo Matemo as chairperson of the Ethics and Anti-Corruption Commission. The Court dismissed the application, holding that LSK had manifested partisan support for the 1st respondent, making it improper to be admitted as either an interested party or amicus curiae. The Court distinguished between an interested party (who has a personal stake in the proceedings) and an amicus curiae (a neutral friend of the court). It held that LSK's statutory mandate under section 4 of the LSK Act is to champion the wider public interest, not individual interests, and using it to support a member would be ultra vires. Additionally, the Court ruled that LSK has no locus standi to intervene regarding the quality of pleadings once a matter is before a court, as the court has its own procedural mechanisms. The application was dismissed with no order as to costs.

Questions the Court framed

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

  1. 1.Who is an Intervener and what role does he/she play?
  2. 2.In what circumstances is an Intervener enjoined in proceedings?
  3. 3.What is the difference between an Intervener and Amicus curiae?
  4. 4.What is the mandate of the LSK under the Society's Act? Can it take sides in proceedings on the basis of this mandate?
  5. 5.Does LSK have a role to play in respect of the quality of pleadings as filed in Court?

Key legal issues

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01

What is the distinction between an intervener (interested party) and an amicus curiae?

Holding

An interested party has a personal stake in the proceedings and will be directly affected by the outcome, whereas an amicus curiae is a neutral party admitted to assist the court in reaching an informed decision without taking sides.

Reasoning

The court examined Black's Law Dictionary definitions and its own precedent in the Raila case. It held that an interested party has a 'recognizable stake' and will be affected by the decision, while an amicus has 'fidelity to the law' and seeks only a legal and legitimate outcome. The LSK had declared partisan support for the 1st respondent, making it unsuitable as amicus and improper as an interested party.

p. 7
02

Can the Law Society of Kenya use its statutory mandate to intervene in proceedings in support of an individual member?

Holding

No. The LSK's mandate under section 4 of the LSK Act is to champion the wider public interest, not individual interests. Using it to support an individual member would be ultra vires its statutory mandate.

Reasoning

The court considered section 4 of the LSK Act, which includes objectives to assist the government and courts and to protect the public. It reasoned that allowing LSK to champion an individual's interest would subvert its public-interest mandate. The LSK had declared support for the 1st respondent, making its intervention partisan and improper.

p. 8
03

Does the Law Society of Kenya have locus standi to challenge the quality of pleadings in a pending case?

Holding

No. Once a matter is filed and the court is seized of it, the LSK has no locus standi to intervene regarding the quality of pleadings. The court has its own procedural rules to address defective pleadings.

Reasoning

The court noted that a suit is a 'solemn process' owned by the parties. The LSK's mandate to ensure high standards of advocacy is achieved through training and continuous legal education, not by 'policing' pleadings in court. The court has mechanisms like the Civil Procedure Rules to filter matters.

p. 8

Legal principles established

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  • An interested party must have a personal stake in the case and be directly affected by the outcome.
  • An amicus curiae must remain neutral and assist the court without taking sides.
  • The Law Society of Kenya's statutory mandate is to serve the public interest, not individual members.
  • The Law Society of Kenya cannot use its mandate to intervene in court proceedings in support of a specific party.
  • Once a matter is before a court, the Law Society of Kenya has no standing to challenge the quality of pleadings.
  • Defective pleadings are handled by the court's own procedural rules, not by external bodies.

Court orders

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  1. 1.The LSK's application to be enjoined as an interested party in this matter is hereby dismissed.
  2. 2.There shall be no order as to costs.

The bench

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

Mohammed Khadhar Ibrahim
majority

Wrote the judgment

Smokin Charles Wanjala
Smokin WanjalaSCJ
Currently serving
majority
On appeal from
Court of Appeal at Nairobi
Jurisdiction invoked
Supreme Court Rules, 2012, Rule 25

Relief refused

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Joinder of the Law Society of Kenya as an interested party

The LSK manifested partisan support for the 1st respondent, making it improper to be enjoined as an interested party or amicus.

p. 8

Costs

There shall be no order as to costs.

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.

We find and hold that the LSK has manifested its partisan support for the 1st respondent, and on this account it was improper for it to be enjoined as an interested party and much less, as amicus.
p. 8 Partisan intervention by LSK
LSK cannot invoke section 4 where it seeks to champion the interests of an individual. The wide mandate bestowed on LSK to protect and assist the public in Kenya, cannot be read in such a manner as to allow it to perpetuate an individual's interest.
p. 8 Ultra vires use of LSK mandate
Once the matter is filed and the Court is seized of it, the LSK has no locus standi to intervene with regard to the quality of pleadings.
p. 8 No locus standi for LSK on pleadings
The upshot is that the LSK's application to be enjoined as an interested party in this matter is hereby dismissed. In exercise of the Court's discretion, there shall be no order as to costs.
p. 9 Final orders

Key timeline

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Date of ruling
Supreme Court of Kenya dismissed the Law Society of Kenya's application to be enjoined as an interested party, clarifying the limits of LSK's intervention.

Practical implications

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For lawyers

Clearer rules for joining cases

Lawyers should distinguish between an interested party (personal stake) and an amicus curiae (neutral). The court will reject applications that show partisanship. LSK cannot use its statutory mandate to support individual advocates in court. When advising clients on intervention, ensure they demonstrate a direct interest, not just a general concern.

For businesses

LSK cannot join commercial disputes

Businesses in litigation should note that the Law Society of Kenya cannot be used as a tool to challenge pleadings or support a party. If a dispute involves LSK's public interest mandate, the LSK must remain neutral. This ruling prevents LSK from being drawn into private litigation on behalf of individual lawyers.

For individuals

LSK won't champion your personal case

If you are a lawyer or any individual in a case, you cannot expect the Law Society of Kenya to intervene on your behalf. The LSK's role is to protect the public, not individual interests. You must rely on your own legal representation and cannot use LSK to challenge the quality of pleadings in your case.

Frequently asked questions

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Can the Law Society of Kenya join a court case in Kenya to support a lawyer?+

No, the Supreme Court ruled that the LSK cannot use its mandate to champion individual interests. It can only act in the public interest, and must remain neutral if it seeks to assist the court as amicus curiae.

What is the difference between an interested party and amicus curiae in Kenya?+

An interested party has a personal stake in the case and will be affected by the outcome. An amicus curiae is a neutral friend of the court who helps the court decide correctly without taking sides.

Can the LSK challenge the quality of pleadings in a Kenyan court?+

No, once a case is filed, the court is responsible for handling pleadings. The LSK has no standing to intervene on that basis; it can only ensure standards through training, not by policing court documents.

Does the LSK have a statutory mandate to intervene in court cases in Kenya?+

The LSK's mandate under section 4 of the LSK Act is to protect the public and assist the government and courts. The court held that this cannot be used to support an individual member's case or to challenge pleadings.

Later judgments citing this (25)

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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, "Trusted Society of Human Rights Alliance v Matemo & 5 others", Case Analysis (2014). Petition 12 of 2013. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2014/32/eng@2014-02-27

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