Katiba Institute has opposed an application made by president William Ruto’s advisors seeking to suspend the judgement which declared their appointment null and void. 

In their response to the application, Katiba says that the advisors have an option of filing an appeal and not an application seeking review, arguing that the judgement delivered was final.

“A party cannot through the guise of an application which is in substance of appeal, invite this court to reopen, reconsider or sit in judgement of its own final decision,” reads the responses.

Lawyer Malidzo Nyawa for Katiba Institute further argues that the application is unmerited, adding that the advisors have failed to show the court any prejudice they will suffer if the stay is not granted.

“The president and the executive since 2010 have been able to deliver public services within the framework established by the constitution before creating the contested offices.

“Which are these cataclysmic or debilitating consequences that will suddenly befall the people of Kenya as they await the determination of the appeal, if any will be filed?” they argue

The court has also been told that it’s the AG who should be moving to court and not the officers.

“The application before the court is not about the executive, whose interest is the application meant to serve? It is clear that the application is brought by the interested parties to serve their interests,” reads court papers.