Court of Appeal grants stay on High Court order for PM Manele to call parliament within 3 days and face motion of no-confidence
BY MELVILLE TITIULU
The Court of Appeal (CoA) yesterday granted the Attorney General’s (AG) application for a stay of orders given by the High Court on Tuesday this week.
The order included Prime Minister Jeremiah Manele having to call for parliament within three days to have the matured motion of no-confidence against him debated.
The CoA will hear the appeal case by the AG on Wednesday next week.
The stay of orders is in relation to Chief Justice Sir Albert Palmer’s ruling delivered on Tuesday, April 14, ordering Prime Minister Jeremiah Manele to convene Parliament within three days so that the pending Motion of no confidence motion (MONC) can be debated.
One of the three CoA justices, Justice Howard Lowry told parties that given the short notice, serious constitutional issues need to be dealt with by the court of appeal.
He told parties that the court would have to take a balanced position by hearing the substantive appeal, suggesting that it is the best way to minimise prejudice given the structure of the political scene. Thus, a stay was granted by the three appeal justices.
The outcome means that the MONC is temporarily paused pending the determination of the Court of Appeal-on-appeal case 16 of 2026 filed by the AG on Wednesday April, 15.
The appeal matter is listed for Wednesday, April 22, at 9.30am for hearing.
Attorney General John Muria Jnr in court yesterday submitted that the appeal is arguable as it raises jurisdictional issues and matters that are justiciable and raises constitutional duty for determination.
He said the subject matters to be considered are critical and constitutional in nature.
Mr Muria told court that to grant a stay would not in a way infringe or extinguish the respondents’ rights as the valid MONC would still be pending only on a temporary pause as the stay is limited to constitutional issues of public interest where that constitutional position must be clarified by the CoA.
The AG also suggested that the order for convening of parliament within three days is ambiguous (not clear) hence, CoA is to clarify – that is why a stay is necessary.
Respondents Counsel Gabriel Suri submitted that the sworn statement of the Prime Minister filed in support of the application for stay of order does not raise any special circumstances apart from being just “delaying the meeting of Parliament”.
Instead “we are just caught between power play”, he said. Thus, he said that is why they are in court answering 39 appeal grounds.
Mr Suri argued that even if parliament meets, the Prime Minister (PM) will not suffer anything. The confidence on the prime minister will be tested. The substantive hearing on issues on appeal will not go away.
Respondents Counsel James Kaboke submitted that a grant of stay of orders must be assessed with facts.
Mr Kaboke argued that the court should not interfere and trespass into parliamentary role.
However, further directions of the Appeal Justices are that Appeal book to be filed by 3pm today, Friday, and filed submissions to be done by Monday, April 20 by 4pm.
The three Court of Appeal justices are Chief Justice Sir Gibuma Gibbs Salika, Howard Lowry and Gina Nott.
For feedback, contact: [email protected]
Editor: [email protected]
