Clan leaders in Lango expressed excitement as the Court of Appeal granted Dr. Eng. Moses Michael Odongo Okune, the first applicant in the case concerning the Paramount Chief of Lango, a stay of execution against the High Court’s ruling that annulled his election.
This ruling temporarily suspends the enforcement of the High Court’s decision on October 31, 2024, which had reinstated Yosam Odur as the Paramount Chief of Lango following his abdication.
Dr. Eng. Okune, who was elected and gazetted as the new Paramount Chief (Won Nyaci), appealed the High Court’s judgment, which declared his election invalid.
Counsel Okwir Patrick and his legal team argued that executing the ruling would cause irreparable harm to Dr. Eng. Odongo Okune’s personal and professional life and negatively impact the Lango cultural institution.
The respondents opposed the stay of execution, arguing that the High Court’s declaratory orders had already taken effect and that the reinstatement of Odur’s position as Paramount Chief should be immediately enforced. They asserted that there was no ongoing dispute regarding Odur’s abdication and that Dr. Eng. Odongo Okune’s election was invalid.
In response, the Court of Appeal, presided over by Justice Cheborion Barishaki, granted the stay, ruling that Dr. Eng. Odongo Okune had raised an arguable case on appeal.
The court emphasized that not granting the stay would cause significant, irreparable harm to Dr. Eng. Odongo Okune, particularly since he had made significant personal and professional changes following his election.
Justice Barishaki also noted that granting the stay would not cause undue harm to the respondents.
The Court of Appeal determined that, given the substantial consequences for Dr. Eng. Odongo Okune and the Lango community, it was in the interest of justice to temporarily suspend the High Court’s ruling until the appeal is heard.
The decision ensures that Dr. Eng. Odongo Okune will remain in office as the gazetted Paramount Chief of Lango until the appeal process is concluded.
The Court ruled that the costs of the application would be determined depending on the final outcome of the appeal, leaving the matter of costs unresolved for the time being.
One clan head, who spoke on condition of anonymity, said the ruling brought him happiness as he is a loyal subject to Dr. Eng. Michael Moses Odongo Okune.
