NAIROBI, Kenya – The High Court has dismissed renewed attempts to suspend its earlier ruling on the appointment of presidential advisors, holding that the applications were repetitive and barred by the doctrine of res judicata.
Justice Bahati Mwamuye ruled that the respondents and interested parties had returned to court seeking the same reliefs already determined, without raising any new legal issues or demonstrating potential injustice.
In a firm decision, the judge said the submissions made during the latest highlighting merely repeated arguments previously placed before the court, including claims of duplication of offices within the Executive.
“The doctrine of res judicata prevents a matter from being endlessly litigated,” Justice Mwamuye ruled, declining to stay the court’s earlier decision and dismissing the applications in their entirety.
The court noted that it had already addressed the legality of the offices in question and found no basis to reopen the matter.
Justice Mwamuye emphasized that courts must protect the integrity of judicial decisions by preventing litigants from relitigating settled issues through successive applications.
During the proceedings, Katiba Institute urged the court to dismiss the applications, arguing that it lacked jurisdiction to entertain them.
Advocate Malidzo Nyawa told the court that allowing the matter to proceed would undermine the finality of judicial decisions.
The respondents, however, argued that a temporary stay was necessary to allow the 21 officers affected by the ruling sufficient time to hand over their offices in an orderly manner.
They also informed the court that they intend to challenge the High Court decision at the Court of Appeal.
“We want to go to the Court of Appeal since we have exhausted the High Court,” lawyer Issa Mansur said.
The ruling clears the way for enforcement of the High Court’s earlier decision as the matter now shifts to the appellate court.
