The Court of Appeal has temporarily stopped the implementation of a High Court decision that had cancelled the appointment of several senior officials at the Office of the Director of Public Prosecutions (ODPP).
The appellate court issued an interim stay on Thursday, August 20, 2026, allowing the affected Senior Deputy Directors and Deputy Directors to remain in office as the legal battle continues.
The decision follows a High Court ruling delivered on June 25, 2026, which nullified the appointments made by the ODPP in December 2025.
The case started after a Senior Assistant Director of Public Prosecutions challenged the recruitment process. The officer had applied for the positions but was unsuccessful.
The petitioner argued that the recruitment process was unfair because some junior officers and people serving on secondment were shortlisted for the senior positions.
Justice Jacob Gakeri later ruled that the recruitment process did not meet the required standards of transparency, fairness and accountability.
The High Court therefore ordered the ODPP to reconsider the appointments.
The ODPP disagreed with the decision and moved to the Court of Appeal, asking the court to suspend the High Court ruling while it challenges the decision.
The prosecution office maintained that the appointments were made through a competitive process and followed the law and public service principles.
The Court of Appeal has now granted the interim stay, meaning the affected officials can continue performing their duties as the case moves forward.
The appellate court is expected to make a further determination on the matter on September 25, 2026.
Until then, the disputed appointments will remain in place.
The latest decision gives the ODPP temporary relief as it continues its legal challenge. It also means the officials whose appointments had been cancelled can continue working while the Court of Appeal considers the case.
The dispute has attracted attention because of the importance of the positions involved and the wider debate over fairness, transparency and merit in public appointments.
The final decision by the Court of Appeal will determine whether the appointments remain valid or whether the recruitment process will have to be conducted again.