Speaker of the National Assembly & another v Orange Democratic Movement Party & 8 others (Civil Appeal (Application) E907 of 2024) [2025] KECA 681 (KLR) (11 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 681
- Citation
- [2025] KECA 681 (KLR)
- Decided
- 11 April 2025
The application is dismissed as the applicants have failed to satisfy the requirements for the grant of stay of execution or conservatory orders.
Facts
The applicants are dissatisfied with the High Court judgment declaring the Privatisation Act, 2023 unconstitutional due to lack of meaningful public participation. The High Court also declared section 22(5) of the Privatisation Act, 2023 unconstitutional and that the decision to privatize Kenyatta International Conference Centre contravenes Article 11(2) of the Constitution.
Issues
- Whether the High Court judgment should be stayed pending the appeal
- Whether conservatory orders should be issued to prevent the Privatisation Act, 2023 from becoming effective during the appeal process
Reasoning
The court found that the High Court judgment did not create a vacuum and that the statute was not constitutionally invalid. The court also noted that compelling public interest considerations were not demonstrated to warrant a stay.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Privatisation Act, 2023
- Monuments and Heritage Act
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