{"id":129862,"date":"2026-02-03T15:03:09","date_gmt":"2026-02-03T15:03:09","guid":{"rendered":"https:\/\/chezaspin.com\/blog\/high-court-declines-bid-to-stay-orders-voiding-rutos-21-advisor-roles\/"},"modified":"2026-02-03T15:03:09","modified_gmt":"2026-02-03T15:03:09","slug":"high-court-declines-bid-to-stay-orders-voiding-rutos-21-advisor-roles","status":"publish","type":"post","link":"https:\/\/chezaspin.com\/blog\/high-court-declines-bid-to-stay-orders-voiding-rutos-21-advisor-roles\/","title":{"rendered":"High Court declines bid to stay orders voiding Ruto\u2019s 21 advisor roles"},"content":{"rendered":"

NAIROBI, Kenya, Feb 3 \u2014 The High Court has dismissed applications seeking to suspend a previous ruling that declared the appointment of 21 presidential advisors unconstitutional.<\/strong><\/p>\n

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.<\/p>\n

\u201cThe doctrine of res judicata prevents a matter from being endlessly litigated,\u201d the judge noted, adding that the applicants had failed to introduce new issues or demonstrate a likelihood of injustice that would justify a stay.<\/p>\n

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.<\/p>\n

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. <\/p>\n

The court agreed, echoing the submissions advanced by the institute\u2019s litigation counsel, Joshua Malidzo.<\/p>\n

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.<\/p>\n

\u201cWe want to go to the Court of Appeal since we\u2019ve exhausted the High Court,\u201d lawyer Issa Mansur told the court.<\/p>\n

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. <\/p>\n

They argued that immediate enforcement could disrupt the functioning of the presidential advisory office and affect key policy and decision-making processes.<\/p>\n

The High Court had earlier ruled that the creation and staffing of the advisory offices were unlawful, citing procedural and constitutional violations. <\/p>\n

The case has sparked public debate over executive appointments and the constitutional limits on presidential power.<\/p>","protected":false},"excerpt":{"rendered":"

NAIROBI, Kenya, Feb 3 \u2014 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. \u201cThe doctrine […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-129862","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/129862","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=129862"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/129862\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=129862"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=129862"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=129862"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}