The High Court has dismissed attempts to suspend its earlier decision on the appointment of presidential advisors, with Bahati Mwamuye ruling that the fresh applications before him were barred by the doctrine of res judicata.
Justice Mwamuye said the respondents and interested parties had returned to court with the same arguments and the same prayers that had already been determined.
He noted that the submissions made during today’s highlighting were a clear repetition of positions previously advanced before the court.
The judge held that the court had already dealt with the question of duplication of offices and that the new applications did not introduce any fresh issues or demonstrate any likelihood of injustice.
“The doctrine of res judicata prevents a matter from being endlessly litigated,” the court ruled, as it dismissed the applications and declined to stay its earlier decision.
During the highlighting, Katiba Institute, through lawyer Malidzo Nyawa, urged the court to dismiss the applications, arguing that the court lacked jurisdiction to entertain them.
The respondents, however, told the court that a stay was necessary to allow the 21 officers affected by the ruling to hand over their offices.
They also indicated that they intend to challenge the decision at the Court of Appeal of Kenya.
“We want to go to the Court of Appeal since we have exhausted the High Court,” lawyer Issa Mansur told the court.
