On February 2, 2026, the Katiba Institute formally asked the High Court to reject an application by 21 presidential advisors who are seeking to suspend a judgment that declared their appointments unconstitutional.
The institute argues that once a final judgment is rendered, the court lacks jurisdiction to reopen or reconsider its decision; any challenge must be handled through an appeal to a higher court.
Katiba dismisses claims that removing the advisors will “cripple” the government, noting that the Executive operated successfully within the 2010 Constitutional framework for over a decade without these specific contested offices.
Through lawyer Malidzo Nyawa, the institute contends that the advisors have failed to demonstrate any public prejudice and are only acting to serve their own personal interests.
This opposition follows a separate contempt of court petition filed by Katiba against advisors David Ndii and Harriet Chiggai, whom they accuse of openly defying the January 22 ruling by continuing to attend official functions.
The High Court’s original ruling nullified the 21 positions on the grounds that they lacked parliamentary approval and violated public service laws regarding fiscal discipline.
By Anthony Solly
