156 5.9. Preliminary matters 5.9.1. Joinder 5.9.1.1. The Supreme Court may, either on its own motion or at the request of any party enjoin a person as a ‘friend of the court’/Amicus curiae. The factors to be considered by the Court before admitting a person as a ‘friend of the court’ are their proven expertise, their independence/ impartiality and the public interest. (Rule 19 of the Supreme Court Rules, 2010, and Rule 17A(1) of the Supreme Court (Presidential Election Petition) Rules, 2017). 5.9.1.2. The fact that a party has previously been admitted as amicus before the Court is not sufficient to warrant admission in a subsequent case as each matter has to be determined on its own merit and in light of its unique issues and circumstances (Raila Amolo Odinga & Another v IEBC & 2 Others & Charles Kanjama, Supreme Court Presidential Petition 1 of 2017. Conversely, previous denial of admission as amicus is not a ground for subsequent denial (Raila Amolo Odinga & Another v IEBC & 2 Others & Law Society of Kenya (as Amicus Curiae), Supreme Court Election Petition 1 of 2017). 5.9.1.3. The Court will not grant an application to join as amicus where the applicant advances new issues not raised by the parties (Raila Amolo Odinga & Another v IEBC & 2 Others & Charles Kanjama, Supreme Court Presidential Petition 1 of 2017). 5.9.1.4. The Court will also not be inclined to admit as amicus any applications that do not bear a general orientation focused on a specific question falling for determination before the Court (Raila Amolo Odinga & another v IEBC & 2 others & Information Communication Technology Association (ICTAK) (as Amicus Curiae) Supreme Court Presidential Petition 1 of 2017). 5.9.1.5. However, applications to be admitted as ‘Interested Parties’ in presidential election petitions will not be allowed by the Supreme Court (Rule 17A(4) of the Supreme Court (Presidential Election Petition) Rules, 2017). Although the Supreme Court has previously admitted various persons as Interested Parties in presidential election Petitions, the coming into force of the Supreme Court (Presidential Election Petition) (Amendment) Rules, 2019 (Legal Notice No. 7 of 2020) did away with this practice. 5.9.2 Interlocutory Applications and Reliefs 5.9.2.1 Rule 17 provides for the following in respect to interlocutory applications: i. If filed at the close of the pleadings, interlocutory applications should be filed together with the written submissions not exceeding five pages; ii. They must be served on every respondent within twenty-four hours of filing; iii. Any response to the Application must be filed together with the written submissions, not exceeding five pages, within twenty-four hours of service of the Application; and iv. The Court may deliver the ruling through electronic means, and the reasons thereto may be given at a later date. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION