NAIROBI, Kenya, Feb 3 — The High Court has dismissed applications seeking to suspend a previous ruling that declared the appointment of 21 presidential advisors unconstitutional.
In a ruling delivered on Tuesday, Justice Bahati Mwamuye said the issues raised in the fresh applications had already been conclusively determined, rendering the matter res judicata.
“The doctrine of res judicata prevents a matter from being endlessly litigated,” the judge noted, adding that the applicants had failed to introduce new issues or demonstrate a likelihood of injustice that would justify a stay.
Justice Mwamuye observed that the submissions in the new applications merely repeated arguments previously considered and rejected, including concerns over the alleged duplication of offices.
During the proceedings, Katiba Institute, represented by lawyer Malidzo Nyawa, urged the court to dismiss the applications, arguing that the High Court lacked jurisdiction to re-open a matter it had already decided.
The court agreed, echoing the submissions advanced by the institute’s litigation counsel, Joshua Malidzo.
The respondents, however, argued that a stay was necessary to allow the 21 affected officers time to hand over responsibilities. They also indicated their intention to appeal the decision.
“We want to go to the Court of Appeal since we’ve exhausted the High Court,” lawyer Issa Mansur told the court.
The applications followed a January 28 move by the 21 advisors, whose appointments had been declared null and void, seeking a temporary stay of the judgment.
They argued that immediate enforcement could disrupt the functioning of the presidential advisory office and affect key policy and decision-making processes.
The High Court had earlier ruled that the creation and staffing of the advisory offices were unlawful, citing procedural and constitutional violations.
The case has sparked public debate over executive appointments and the constitutional limits on presidential power.
