Attorney General & Another v Kasango (Constitutional Application 2 of 2021)
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Holding
The Supreme Court, hearing the application ex-parte under rule 2(2) of the Supreme Court Rules, found that the matters raised were substantially important points of law warranting the Court's consideration. It allowed the application and granted an interim order staying the execution of the orders of the Constitutional Court in Constitutional Petition No. 16 of 2016 (dated 18 March 2021), the order to remain in force until disposal of the substantive application No. 1 of 2021 for stay of execution. Costs were ordered to be in the cause.
Facts
The applicants, the Attorney General and the Director of Public Prosecutions, sought an interim order from the Supreme Court staying execution of orders made by the Constitutional Court in Constitutional Petition No. 16 of 2016, which were dated 18 March 2021. The application arose alongside a substantive application (No. 1 of 2021) for stay of execution. The matter was heard ex-parte under the Court's powers in rule 2(2) of the Supreme Court Rules.
Issues
- Whether an interim order staying execution of the Constitutional Court's orders should be granted pending the disposal of the substantive application for stay of execution.
Orders
- Application allowed.
- Interim order granted staying execution of the orders of the Constitutional Court in Constitutional Petition No. 16 of 2016 dated 18th March 2021.
- The order shall remain in force until disposal of the substantive application No. 1 of 2021 for stay of execution or any other order of this Court.
- Costs shall be in the cause.
Key headnotes
Legislation cited (1)
- Supreme Court Rules r.2(2)