The High Court has declined to suspend its decision that nullified the appointment of the 50 CASs pending appeal.
Justices Kanyi Kamondo, Hedwig Ong'undi and Aleem Visram said suspending it would amount to putting the CASs into office yet they have already found it to be unconstitutional.
"There are no sufficient grounds to issue a stay," they said.
After the court rendered its decision, blogger Dennis Itumbi, represented by Lawyer Adrian Kamotho, sought to have a three-judge bench issue a stay order for 60 days.
This, Kamotho argued, was to enable them to process the proceedings and prepare a proper record of appeal.
Kamotho told the three-judge bench that they have reasonable grounds for appeal among them the question of jurisdiction.
The bench in its judgement had found that they are properly mandated to handle the matter and that they have the jurisdiction.
They said their mandate was properly invoked as the issues raised in the petitions go beyond employer-employee partnerships.
Kamotho in the intended appeal also said they will be challenging the issue of public participation which they feel was adequate.
"Going by the decision of the court, the President is at liberty to appoint the 23 CASs but we will be pleading the case for the extra 27 at the appellate court," said Kamotho
The Attorney General and the Public Service Commission had also sought a stay pending appeal to which it was declined.
The PSC said:
"If for any reason the court doesn’t grant us a stay, then at least grant a stay on the fiding of the 23 as you found there was some form of public participation in the initial list."
The PSC urged the court to save the 23 by suspending its decision as they move to the appellate court.
But the petitioners in the case led by Eric Theuri of LSK opposed the application saying a formal application should be filed so that responses can be filed.
