Nairobi, Kenya – The High Court has dismissed fresh applications seeking to stay an earlier decision on the appointment of presidential advisors, with Justice Bahati Mwamuye ruling that the matters raised had already been determined.
In his ruling, Justice Mwamuye said the respondents and interested parties had advanced the same arguments and sought the same reliefs previously considered, making the new applications res judicata.
“The doctrine of res judicata prevents a matter from being endlessly litigated,” the judge stated, as he declined to suspend his earlier decision.
Court’s Findings
The judge noted that submissions made during the highlighting of the applications were a repetition of positions already presented. He emphasized that the court had earlier addressed concerns raised over the alleged duplication of offices and that the new applications did not raise fresh issues or demonstrate any likelihood of injustice that would warrant a stay.
Katiba Institute’s Position
During the proceedings, Katiba Institute, through lawyer Malidzo Nyawa, urged the court to dismiss the applications, arguing that the court lacked jurisdiction to reopen matters that had already been decided.
Respondents’ Argument
The respondents, however, told the court that a stay was necessary to allow 21 officers to hand over. They also indicated plans to appeal against the decision.
“We want to go to the Court of Appeal since we’ve exhausted the High Court,” lawyer Issa Mansur said.
Conclusion
The ruling underscores the principle of finality in litigation, with the High Court affirming that matters already determined cannot be endlessly revisited. As the respondents prepare to escalate the matter to the Court of Appeal, the case continues to highlight the legal and political complexities surrounding the appointment of presidential advisors.
