ge that a proposed amicus curiae is biased, or hostile towards one or more of the parties, or where the applicant, through previous conduct, appears to be partisan on an issue before the Court, the Court will consider such an objection by allowing the respective parties to be heard on the issue (see: Raila Odinga & Others v. IEBC & Others; S.C. Petition No. 5 of 2013-Katiba Institute’s application to appear as amicus).

(vii) An amicus curiae is not entitled to costs in litigation. In instances where the Court requests the appearance of any person or expert as amicus, the legal expenses may be borne by the Judiciary.

(viii) The Court will regulate the extent of amicus participation in proceedings, to forestall the degeneration of amicus role to partisan role.

(ix) In appropriate cases and at its discretion, the Court may assign questions for amicus research and presentation.

(x) An amicus curiae shall not participate in interlocutory applications, unless called upon by the Court to address specific issues.
In addition, guidelines certain guidelines emerged from Mr. Justice Odunga’s decision in the Justice Tunoi case:

(xi) The applicant ought to raise any perception of bias or partisanship, by documents filed, or by his submissions.

(xii) The applicant ought to be neutral in the dispute, where the dispute is adversarial in nature.

(xiii) The applicant ought to show that the submissions intended to be advanced will give such assistance to the Court as would otherwise not have been available. The applicant ought to draw the attention of the Court to relevant matters of law or fact which would otherwise not have been taken into account. Therefore, the applicant ought to show that there is no intention of repeating arguments already made by the parties. And such new matter as the applicant seeks to advance, must be based on the data already laid before the Court, and not fresh evidence.

(xiv) The applicant ought to show expertise in the field relevant to the matter in dispute, and in this regard, general expertise in law does not suffice.

(xv) Whereas consent of the parties, to proposed amicus role, is a factor to be taken into consideration, it is not the determining factor.
In addition to these guiding principles, the following directions may be applied by a Court considering an amicus application:

(i) A party seeking to appear in any proceedings as amicus curiae should prepare an amicus brief, detaili