The Court of Appeal has temporarily suspended the implementation of a High Court judgment that had declared several advisory positions in the Office of the President unconstitutional.
In a ruling delivered on Friday afternoon, the appellate court granted an order staying the execution of the High Court decision until the government’s appeal is heard and determined.
Appeal Raises Arguable Issues
The judges noted that the government’s intended appeal raises important legal issues that deserve consideration.
They explained that the key question was whether failure to grant a stay would render the appeal meaningless if the government later succeeds.
The High Court had earlier ruled that the establishment of offices held by the 3rd to 23rd respondents, who serve as advisors to President William Ruto, was unconstitutional.
Concerns Over Disruption
While considering the application, the Court of Appeal examined whether the effects of the High Court decision could be reversed if the appeal succeeds or whether compensation would be sufficient.
Lawyers representing the government argued that immediate removal of the advisors could disrupt the functioning of the Executive and cause administrative challenges within the Office of the President.
They also warned that the absence of formal handover processes could create instability and uncertainty in government operations.
Opposition to the Application
However, the application was opposed by the first respondent, who argued that allowing the stay would mean continuing actions that had already been declared unconstitutional by the High Court.
The court also considered previous rulings involving the now-defunct Chief Administrative Secretary (CAS) positions, which had also been declared unconstitutional.
In that earlier case, the Court of Appeal declined to suspend the ruling, stating that service rendered in violation of the Constitution cannot be justified.
Judges Note Key Difference
Despite the earlier precedent, the judges noted that the current situation is different, since the advisors were already serving in their positions when the High Court decision was issued.
The court said removing them immediately could interfere with the operations of the Office of the President.
As a result, the judges ruled that the applicant had met the legal requirements needed to obtain a stay order.
Appeal to Be Prioritised
The Court of Appeal ordered that the High Court judgment remain suspended until the appeal is fully heard and determined.
Due to the public interest nature of the case, the court recommended that the President of the Court of Appeal prioritise the hearing of the matter.
The judges also directed that the costs of the application will be determined after the final outcome of the appeal.
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