Legalese: Understanding Supreme Court lawyers, judges

Supreme Court Judge Smokin Wanjala. [Collins Kweyu, Standard]

Petitioner

This is the person or group of people who files a petition for a writ or judicial action in a suit. The 2022 presidential petition has Raila Odinga and Martha Karua as the main petitioners seeking to overturn William Ruto's win.

Respondent

The person or group on the side opposing the petitioner. Such person or persons are typically the ones on the victorious side of the decision that is being appealed.

Admissible

A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.

Affidavit

A written or printed statement made under oath.

Brief

A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

Amicus curiae (friend of the court)

A person who is not a formal party in a case but submits expertise or opinion to the court on a complex law or confusing technical matter. Such advice is provided as a way of urging the justices to support a particular decision.

Burden of proof

This refers to the duty to prove disputed facts.

Counsel

A term used to refer to the lawyers in a case

Evidence

Information presented in testimony or in documents that is used to persuade judges to decide the case in favor of one side or the other.

File

To place a paper in the official custody of the clerk of court to enter into the files or records of a case

Judgment

The official decision of a court finally resolving the dispute between the parties to the petition.

Order

An order is an instruction or direction issued by the Court

Precedent

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court.

Rejoinder

An answer given by a respondent to present a more responsive and specific statement challenging the allegations made against him or her.

Submissions

Arguments presented by either of the parties in the petition so as to persuade the court to find in their favour.

Interlocutory application

This is an application in a court proceeding after it has been commenced. Examples include an application for parts of a statement of claim to be struck out.

Bench

The judge or judges who hear a case

Parties

Persons or entities directly involved in a court case, including the one that has brought the case before a court or who is defending claims made against them.

Annexure

A legal document, attached to the main document, at the end to validate the text written in the main document.

Prayers

The request contained in a petition to a court as a relief being sought by the petitioner/

Witness

An individual called to testify or provide evidence in court

Pre-trial conference

A meeting in which the opposing lawyers confer, ordinarily with judges to set ground rules for hearing and determination of a case.