The Court of Appeal has declined to stay the High Court decision that declared the office of the President’s advisors unconstitutional. This means the lower court’s decision remains in force as the appeal process moves forward.
In a ruling 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 approached the Court of Appeal seeking orders to suspend the effect of the advisory judgment while challenging the lower court’s decision.
After reviewing the materials presented, the Court of Appeal declined to grant the stay orders sought. Instead, the judges issued directions to guide the parties on the next steps, effectively setting timelines for the filing of the necessary documents to facilitate the hearing of the substantive appeal.
The court’s decision means that the advisory judgment will remain in effect as the dispute proceeds to a full hearing. However, the appellate bench emphasised the need for an orderly and structured process, directing the parties to comply with procedural requirements within the specified timelines.
The matter will now proceed to a hearing in accordance with the court’s directions, where the substantive issues raised in the appeal will be determined.
The High Court ruled that the creation and staffing of the advisers’ offices was unconstitutional, rendering their appointments null and void.
