Judge's gavel in courtroom - (Photo: Courtesy).

The Supreme Court has temporarily suspended the enforcement of an injunction issued by the Court of Appeal that halted the implementation of the government’s Kenya–South Sudan fuel import arrangement pending the hearing of an appeal.

The Court of Appeal had issued the injunction following a public interest petition filed by Advocates Without Borders, which challenged the government-to-government fuel supply framework on grounds that it granted Pacific Petroleum Company Limited exclusive rights to import, supply and market petroleum products in South Sudan, allegedly limiting competition in the sector.

In an order dated 13 July, the Supreme Court granted a stay of execution sought by the Ministry of Petroleum and Pacific Petroleum Company Limited, temporarily suspending the implementation of the Court of Appeal’s orders pending determination of the appeal.

The stay of execution means the Court of Appeal’s injunction is no longer enforceable while the Supreme Court considers the case. However, the order does not determine the legality of the government-to-government fuel arrangement, which remains the subject of the appeal.

Earlier this month, the Court of Appeal expanded its interim injunction to include the Ministry of Petroleum, Pacific Petroleum Company Limited, Sovereign Energy Oil Trading LLC, Gulf Energy Limited and Skysoar Holding Company Limited before the matter was referred to the Supreme Court.

The Supreme Court is expected to hear the appeal and decide whether to uphold or overturn the Court of Appeal’s decision.