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The court found that the Office of the Director of Public Prosecutions (ODPP) acted contrary to Article 157(11) of the Constitution by starting criminal proceedings without a factual basis. It also held that the prosecution denied Ismail his right to equal protection and equal benefit of the law as guaranteed under Article 27.
The matter was tabled by nominated Senator Hamida Kibwana, who sought the intervention of the Senate National Security, Defence and Foreign Relations Committee. She asked the committee to carry out a comprehensive inquiry into the allegations and establish how the suspected fraud may have occurred.
If the court declines to halt the implementation, Awino wants all bills issued under the contested tariff placed in a separate account and subjected to adjustment, credit or refund should the petition ultimately succeed.
According to the notice of appeal, the three institutions, listed as the 5th, 6th and 7th respondents in the case, have informed the Court of Appeal that they are dissatisfied with both the judgment and the decree issued by the High Court.
Nairobi Regional Police Commander Issa Mohammed Mohamud, who swore the affidavit on behalf of the Inspector General of Police, argues that conservatory orders issued by Justice Lawrence Mugambi on July 9, 2025 did not prohibit police from putting up roadblocks, security checkpoints or diverting traffic.
According to the petitioner, the case is not aimed at limiting the political rights of the two Speakers but rather protecting the institutional integrity and independence of Parliament.
The judge said the continued failure to gazette regulations on public order management and the use of force meant the three were operating in defiance of the court's orders, despite earlier directions aimed at protecting the constitutional right to picket.
Justice Roselyne Aburili held that the constitutional right to recall elected leaders under Article 104(1) of the Constitution is not self-executing and can only be implemented through an Act of Parliament, saying the courts should allow the legislative process to run its course without interference.
Kerich's lawyers had urged the court to suspend the jail term pending the hearing of new applications. They argued that he had remained available to the court at all times, had not absconded, and was no longer serving as the substantive Nairobi County Executive Committee Member for Finance after leaving office on June 5, 2026.
He questioned why the government did not wait for the High Court to deliver its judgment before completing the transaction, saying the move undermined confidence in constitutional litigation
In a ruling delivered by a five-judge bench, the Supreme Court dismissed an appeal filed by Sharif’s widow, Javeria Siddique, the Kenya Union of Journalists and the Kenya Correspondents Association, effectively upholding the Court of Appeal’s findings on the issues under dispute.
Although the court ultimately upheld the appointments, the judge maintained that the Constitution does not recognise the framework that brought opposition politicians into government without a formal coalition or merger agreement.