Attorney General & another v Okoiti & 3 others (Civil Application E774 of 2025) [2026] KECA 903 (KLR) (12 May 2026) (Ruling)
The Court heard the parties and, pending delivery of the substantive ruling, issued an interim order staying the High Court conservatory order to preserve the status quo until the ruling is delivered.
Source-derived case information.
- Citation
- [2026] KECA 903 (KLR)
- Parties
- 1st Applicant: Hon Attorney General; 2nd Applicant: Cabinet Secretary for Health; 1st Respondent: Okiya Omtatah Okoiti; 2nd Respondent: Cabinet Secretary for Foreign & Diaspora Affairs; 3rd Respondent: Katiba Institute; 4th Respondent: The National Treasury; Interested Party: Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU)
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Civil Application E774 of 2025
- Procedural Posture
- Civil Application / Application for Conservatory Orders of Stay Pending Ruling
- Outcome
- Interim stay granted pending delivery of the ruling.
- Judges
- ["LK Kimaru", "M Sila", "JO Okello"]
- Legal Topics
- Conservatory Orders, Stay of Orders, Interim Relief, Appeal Pending Ruling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon Attorney General
1st Applicant
Cabinet Secretary for Health
2nd Applicant
Okiya Omtatah Okoiti
1st Respondent
Cabinet Secretary for Foreign & Diaspora Affairs
2nd Respondent
Katiba Institute
3rd Respondent
The National Treasury
4th Respondent
Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU)
Interested Party
Procedural Posture
Civil Application / Application for Conservatory Orders of Stay Pending Ruling
Legal Issues
- 1 Whether interim stay should issue against the High Court conservatory order pending delivery of the Court of Appeal ruling.
- 2 Whether the Court should preserve the status quo before ruling on the substantive application.
Ratio Decidendi
The Court heard the parties and, pending delivery of the substantive ruling, issued an interim order staying the High Court conservatory order to preserve the status quo until the ruling is delivered.
Court Disposition
Interim stay granted pending delivery of the ruling.
Orders
- The conservatory order issued by the High Court in Nairobi Petition No. E816 of 2025 on 19 December 2025 is stayed pending delivery of the Court of Appeal ruling.
- The ruling was reserved for 30 October 2026.
Full Case Text
Judgment text and source record
1 paragraphs
Attorney General & another v Okoiti & 3 others (Civil Application E774 of 2025) [2026] KECA 903 (KLR) (12 May 2026) (Ruling) Neutral citation: [2026] KECA 903 (KLR) Republic of Kenya In the Court of Appeal at Nairobi Civil Application E774 of 2025 LK Kimaru, M Sila & JO Okello, JJA May 12, 2026 Between Hon Attorney General 1st Applicant Cabinet Secretary for Health 2nd Applicant and Okiya Omtatah Okoiti 1st Respondent Cabinet Secretary for Foreign & Diaspora Affairs 2nd Respondent Katiba Institute 3rd Respondent The National Treasury 4th Respondent (Being an application for conservatory orders of stay of the Ruling and Orders of the High Court of Kenya at Nairobi (E. C. Mwita, J.) dated 19th December, 2025 in Petition No. E816 of 2025) Ruling 1.This application came up for hearing today. Mr. Gumbo, Mr. Kuria Thande, Mr. Meli and Mr. Amasa, learned counsel appeared for the applicant, 2nd and 3rd respondents, Mr. Washika and Mr. Wafula, learned counsel appeared for Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU), Mr. Okiya Omtatah appeared in person (1st Respondent) and Mr. Malidzo Nyawa appeared for the 4th respondent. 2.Upon hearing the parties, the Court reserved the ruling for 30th October, 2026. For reasons to be given in the Ruling, an interim order is hereby issued, staying the conservatory order issued by the High Court in Nairobi Petition No. E816 of 2025 on 19th December, 2025 pending the delivery of the Ruling. DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF MAY, 2026.L. KIMARU..............................JUDGE OF APPEALSILA MUNYAO.................................JUDGE OF APPEAL DR. J. O. OKELLO..................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR