The legal battle over the office of the President’s advisers has taken a new turn after the Court of Appeal of Kenya refused to suspend an earlier ruling that declared the positions unconstitutional. As a result, the decision made by the High Court of Kenya will continue to apply as the appeal moves forward.
The application was filed under a certificate of urgency, with the applicant asking the appellate court to temporarily stop the enforcement of the High Court judgment.
The request was meant to provide interim relief while the appeal is being prepared and heard.
The applicant argued that the advisory offices should remain in place until the higher court fully considers the issues raised in the challenge.
After reviewing the documents and arguments presented, the Court of Appeal declined to grant the stay orders.
This means the advisory judgment will remain in force for now. The judges did not make a final determination on the main appeal but instead focused on whether there were sufficient grounds to pause the High Court’s decision.
They found that the threshold required to issue such temporary orders had not been met.
Even as they declined the request, the appellate judges gave clear directions on how the matter will proceed.
They set timelines for filing the necessary documents and instructed both sides to comply with procedural rules.
This step is intended to ensure the appeal is handled in an orderly and structured manner without unnecessary delays.With the stay application dismissed, attention now shifts to the substantive appeal. The court will later examine the legal arguments in detail before making a final decision on whether the High Court was right to find the creation and staffing of the advisers’ offices unconstitutional.
In its earlier judgment, the High Court ruled that the establishment of the advisers’ offices did not meet constitutional standards. It declared the appointments null and void, effectively invalidating the positions.
That decision remains active until the Court of Appeal hears and determines the full appeal.
