Constitution of Kenya, 2010
201
[Subsidiary]
respondent is liable, and to what extent, may be determined as
between all parties.
(b) A petition shall not be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every proceeding deal with
the matter in dispute.
(c) Where proceedings have been instituted in the name of the wrong
person as petitioner, or where it is doubtful whether it has been
instituted in the name of the right petitioner, the Court may at any
stage of the proceedings, if satisfied that the proceedings have
been instituted through a mistake made in good faith, and that it is
necessary for the determination of the matter in dispute, order any
other person to be substituted or added as petitioner upon such
terms as it thinks fit.
(d) The Court may at any stage of the proceedings, either upon or
without the application of either party, and on such terms as may
appear just—
(i)
order that the name of any party improperly joined, be struck
out; and
(ii)
that the name of any person who ought to have been joined,
or whose presence before the court may be necessary in
order to enable the court adjudicate upon and settle the
matter, be added.
(e) Where a respondent is added or substituted, the petition shall
unless the court otherwise directs, be amended in such a manner
as may be necessary, and amended copies of the petition shall be
served on the new respondent and, if the court thinks, fit on the
original respondents.
Friend of the Court.
6. The following procedure shall apply with respect to a friend of the
court—
(a) The Court may allow any person with expertise in a particular issue
which is before the Court to appear as a friend of the Court.
(b) Leave to appear as a friend of the Court may be granted to any
person on application orally or in writing.
(c) The Court may on its own motion request a person with expertise to
appear as a friend of the Court in proceedings before it.
Interested party.
7. (1) A person may, with leave of the Court, may make an oral or
written application to be joined as an interested party.
(2) A court may on its own motion join any interested party to the
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