- The bench said issues raised by Itumbi were yet to be determined by the High Court.
- The High Court today finalized the matter and has set July 3 as the judgement date.
The court of appeal has dismissed an application by CAS Dennis Itumbi seeking to suspend orders that stopped them from assuming office and drawing salaries.
Justice Helen Omondi Imana Laibuta and Ngenye Macharia dismissed the application saying it was premature.
The bench said issues raised by Itumbi were yet to be determined by the High Court.
The High Court on Friday finalized the matter and has set July 3 as the judgement date.
"Issues raised are not ripe for escalation on appeal to this Court. To hold otherwise would be to enter into the arena of litigation in anticipation," said the bench.
On March 24, High Court Judge Hedwig Ong'undi barred the appointed 50 CAS from being in office pending the determination of an application filed by the Law Society of Kenya and Katiba Institute.
Justice Ong'undi also temporarily stopped the appointees from earning any salary, remuneration or benefit.
The matter was later referred to Chief Justice Martha Koome for the empanelment of a bench to determine the case.
Aggrieved by those orders, Itumbi filed an application at the appellate court.
He said unless the court suspends the high court decision, he will remain in a state of 'career purgatory' since the appointees can neither serve in the office to which they were recruited nor seek other gainful employment.
He faulted Judge Ong'undi for failing to find that the dispute at hand was a preserve of the Employment and Labor court among other issues.