The Court of Appeal has declined to suspend the High Court decision that declared the office of the President’s advisors unconstitutional, meaning the lower court’s ruling remains in force as the appeal process continues.
Appellate Court Ruling
In a decision delivered under a certificate of urgency on Wednesday, the appellate court considered an application seeking interim relief pending the hearing and determination of the intended appeal.
The applicant had requested orders to suspend the effect of the High Court judgment while challenging its findings. However, after reviewing the submissions, the Court of Appeal declined to grant the stay orders.
Instead, the judges issued directions to guide the parties, setting timelines for filing the necessary documents to facilitate the substantive appeal.
Implications
The refusal to grant interim relief means the High Court’s judgment remains in effect. The ruling had declared the creation and staffing of the President’s advisors’ offices unconstitutional, rendering their appointments null and void.
The appellate bench emphasized the importance of an orderly and structured process, directing all parties to comply with procedural requirements within the specified timelines.
Next Steps
The matter will now proceed to a full hearing in accordance with the court’s directions, where the substantive issues raised in the appeal will be determined.
