Attorney General v Katiba Institute & 23 others (Civil Appeal (Application) E031 of 2026) [2026] KECA 564 (KLR) (13 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 564
- Citation
- [2026] KECA 564 (KLR)
- Decided
- 13 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay of impugned judgmentCoramWK KORIR
Holding
The Court declines the application for stay of the impugned judgment.
Facts
The Attorney General seeks a stay of an impugned judgment and consequential orders that declared the creation of various offices of advisors to the President unconstitutional. The 2nd Respondent argues that the removal of these advisors poses a risk to continuity and the President's ability to perform his functions.
Issues
- Whether the intended appeal will be rendered nugatory if the impugned court orders are not stayed.
- Whether the public interest favours the grant of the relief sought.
Reasoning
The Court considers the competing public interest positions and conducts a proportionality evaluation. It holds that staying the impugned judgment will allow continued unconstitutional activities and does not provide a remedy for the public interest.
Outcome
Application denied
Authorities cited
Cases cited (4)
- CAS 1
- CAS 2
- Stanley Kangethe Kinyanjui v. Tony Ketter & 5 Others
- Trust Bank Limited & Another v. Investech Bank Limited & 3 Others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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