The Supreme Court of Kenya on Thursday 11,2025, dismissed an application by the Moi Teaching and Referral Hospital (MTRH), and its co-applicants, seeking to halt a petition in the High Court challenging the appointment of four parastatal Chief Executive Officers (CEOs).
The ruling, made by a five-judge bench led by Deputy Chief Justice Philomena Mwilu and Justices Mohammed Ibrahim, Njoki Ndung'u, Isaac Lenaola, and William Ouko, cleared the path for the High Court to deliver its reserved judgment on the appointments.
In its determination on the Petition, the Supreme Court said it cannot bypass the Court of Appeal to stay proceedings before the High Court.
The applicants, including MTRH, were appealing a decision by the Court of Appeal, which had dismissed their bid to stop the High Court case in Nakuru.
They then sought to have the Supreme Court stop all further proceedings in the High Court.
The Supreme Court rejected this move, stating that its power to issue ancillary or interlocutory orders, such as a stay, is primarily tied to decisions of the Court of Appeal, not a matter already before the High Court.
"Seeing that the Court of Appeal did not make any positive order when it dismissed the appeal, the applicants ingeniously now invite us to ignore the decision of the Court of Appeal, and to stop proceedings in a matter not before us. We decline the invitation," Supreme Court ruled.
The underlying case, filed by 77 applicants, challenged the recruitment and appointment process of CEOs at four public entities MTRH, Kenya Broadcasting Corporation (KBC), Athi Works Development Agency and Kenya National Shipping Line.
These appointments include the CEO/Managing Director positions at MTRH, Athi Works Development Agency, KBC and Kenya National Shipping Line.
The applicants had initially argued that the High Court lacked jurisdiction, claiming the dispute was an employment matter for the Employment and Labour Relations Court.
Both the High Court and the Court of Appeal dismissed this objection, upholding the High Court's jurisdiction.
The Supreme Court found the motion lacked merit and ordered the applicants to bear the costs of the application.
