15 Common Latin Words By Lawyers And What They Mean

As the Supreme Court prepares to listen to seven petitions challenging the 2022 presidential election against President-elect, William Ruto, a team of top-ranking and highly experienced lawyers will flex their vocabulary in a way rarely attempted in their illustrious careers.

The lead petitioner, former Prime Minister Raila Odinga of the Azimio la Umoja-One Kenya coalition, is aiming to have the court either order a run-off of the entire elections or to be declared the president-elect (through the commencement of a recount).

The lawyers will be expected to use everything in their legal arsenal to convince the seven-judge bench led by Chief Justice (CJ) Martha Koome that the elections were marred by irregularities and that the Independent Electoral and Boundaries Commission (IEBC) was unable to conduct the process as it was mandated to.

Lawyer James Orengo during the Supreme Court pre-trial hearing on August 30, 2022. /COURTESY

The Judiciary comes with its own explosive jargon which the 'learned friends' as they are termed, are not scared to use, no matter the degree of the legal showdown in Kenya. Some of the terms, mostly Latin, were evident during the Building Bridges Initiative (BBI) case, which Kenyans by now know how it went.

The presidential petition case will see some of these words being used again during the hearing, by lawyers seeking to have Ruto's win invalidated and upheld on either occasion. They include:

1. Ex Parte: On Behalf Of

In general, ex parte refers to something that is one in the benefit of one party in a legal case. This is usually a decision that is made in favour of one party without waiting for an opinion from the other side.

Ex parte may also refer to improper contact with a party or a judge, such as meeting with the party or the judge without a lawyer from the opposing side present.

2. Habeas Corpus: That You Have the Body

Habeas corpus usually refers to a ‘Writ of Habeas Corpus,’ which is used by courts to determine whether or not the detention of a prisoner is valid. When a court issues a writ of habeas corpus, the prisoner or detainee (in the case of a person admitted to a mental health facility) will be brought before the court and their case reviewed.

Typically, writs of habeas corpus precede civil action against the entity holding the detained person, such as a state warden or attorney general.

3. Certiorari: To Be More Fully Informed

Certiorari is more commonly seen as a part of the phrase “Writ of Certiorari.” It refers to the court process of seeking an appeal or review by a higher court for a legal decision made in a lower court or by a government agency.

4. Quasi: As If

The term is usually used as a prefix before any word to indicate that something resembles but is not actually like a certain thing. For example, an attorney may state that something is a quasi-contract, meaning that the item looks like a contract but is not an actual contract.

5. Pro Bono Publico: For the Public Good

Usually shortened to just ‘pro bono,’ this term refers to the work that legal professionals undertake as they provide their services for free to individuals who may be in need.

This work is considered for the public good and is an important part of being a practising attorney. 

6. Mandamus: We Command

Mandamus, also known as a ‘Writ of Mandamus” is an order from a higher court to any public official, government agency, or lower court to complete a specific action.

It cannot be used to make a court or official do something that is against the law, but it can be used to order lower courts into making a decision or ruling when they have previously refused to indicate a judgment.

7. De Novo: From the New

This term is used to refer to the process of an appellate court reviewing a case without reference to the legal conclusions or assumptions of any lower courts.

8. Ad Litem: For the Suit

Attorneys are appointed “ad litem” for lawsuits by the court. These appointments are usually reserved for parties that have a legal interest or partaking in the case but are unable to represent themselves, such as children or certain incapacitated adults.

9. Amicus Curiae: Friend of the Court

An amicus curiae (plural: amici curiae) refers to someone who is not a party in a particular legal case but who assists the court by offering their information, expertise, or other important insight that has relevance to the case’s issues.

This information is typically given in the form of an ‘amicus brief’ and does not carry any legal weight; it is instead intended to provide perspective or additional information to support one side of a legal argument in a particular case.

10. In Camera: In Private

The term ‘in camera’ literally means ‘in chambers,’ but it is commonly used to refer to something being reviewed entirely in private. Usually, this term will refer to issues of a legal case that are held privately before the judge and away from both the media and members of the public.

11. Per Curiam: By the Court

Decisions made per curiam are rulings made unanimously, with the written decision collectively authored by the court instead of by one or two individual judges.

12. In Forma Pauperis: In the Manner of a Pauper

In forma pauperis refers to the action of one party filing a motion with the court in order to receive waived court costs. It is typically used when one party in a legal case can’t afford the processes of the court. 

13. In Re: In the Matter Of

A commonly used term in case names, this phrase generally refers to cases without two parties. It may refer to an estate or a legal case that only has one person concerned, such as an estate case.

14. Pros Se: In One’s Own Behalf

This term may also be translated to “for oneself” and refers to the actions of litigants who represent themselves in court without the assistance of an attorney. Any defendant or party in a legal case does have the right to refuse legal counsel and utilize self-representation.

15. Sua Sponte: Of One’s Own Accord

Sua sponte may also be translated to mean “voluntarily.” This term refers to whether or not a court has taken notice or action in a case without prompting or a suggestion from either party involved in the case.

Other terms include cuo bono- as to benefit whom, ab initio-from the start, sui generis- of its own kind.

Inside the Supreme Court of Kenya during the hearing of the presidential petitions on August 30, 2022. /ZAKHEEM RAJAN