High court rejects bid to stay ruling on presidential advisors

In his decision, the judge said the respondents and interested parties had advanced the same arguments and sought the same reliefs previously considered, making the fresh applications res judicata.

Justice Mwamuye said submissions made during the highlighting of the applications were a repetition of positions already presented, noting that the court had earlier addressed concerns raised over the alleged duplication of offices.

He held that the new applications did not raise any fresh issues or demonstrate any likelihood of injustice that would warrant a stay.

“The doctrine of res judicata prevents a matter from being endlessly litigated,” the judge ruled as he dismissed the applications and declined to suspend his earlier decision.

During the proceedings, Katiba Institute, through lawyer Malidzo Nyawa, urged the court to dismiss the applications, arguing that the court lacked jurisdiction to re-open matters that had already been decided.

The respondents, however, told the court that a stay was necessary to allow 21 officers to hand over.

They also indicated they would appeal against the decision.

“We want to go to the Court of Appeal since we’ve exhausted the High Court,” lawyer Issa Mansur said.