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The High Court of Kenya delivered a landmark blow to the Executive on January 22, 2026, declaring the creation of the Advisors to the President offices unconstitutional.

In a scathing judgment, the court nullified the appointments of 21 individuals, describing the recruitment process as a “rubber-stamping” exercise that bypassed mandatory legal safeguards.

The ruling, delivered by Judge Bahati Mwamuye, stemmed from a petition filed by the Katiba Institute. They argued that the Executive had bypassed the Public Service Commission (PSC) and ignored the Salaries and Remuneration Commission (SRC), leading to the unlawful expenditure of public funds.

The court’s decision centered on the failure of the President’s Office to follow the procedural requirements set out in Article 132(4)(a) and the PSC Act. The judge found that the Executive had essentially “handpicked” the advisors without a competitive process, violating the national values of transparency and meritocracy.

A critical pillar of the judgment was the failure of the Public Service Commission to act independently. The court ruled that the PSC did not provide a genuine “recommendation” but instead acted as a facilitator for a pre-determined political outcome.

Key deficiencies noted by the court included:

  • Lack of Workload Analysis: No evidence was provided to justify the need for the 21 specific advisory roles.
  • Secrecy: The appointments were made without public participation, which the court deemed mandatory for high-ranking offices funded by taxpayers.
  • Procedural Shortcuts: The Executive failed to provide financial implications or compliance verification statements required under Sections 27 and 30 of the PSC Act.

“The process was a direct throwback to that retired and rejected public service order of ‘handpicking’ or a ‘jobs for the boys’ culture,” Judge Mwamuye noted in the ruling.

The High Court issued several far-reaching orders to ensure the ruling is enforced and to prevent future breaches:

  1. The 21 advisors were stripped of their positions effective immediately, with their appointments declared null and void ab initio (from the beginning).
  2. A permanent injunction was issued, restraining the government from paying salaries, allowances, or benefits to the affected individuals.
  3. In a move that could affect more government officials, the PSC was ordered to conduct a comprehensive audit within 90 days of all offices established in the Executive Office of the President since August 2022.
  4. Any office found to have been created without following constitutional protocols during this audit must be abolished.

This ruling mirrors previous judicial interventions, such as the 2023 nullification of Chief Administrative Secretary (CAS) positions. It reinforces the Judiciary’s stance that the President’s power to create offices is not absolute and must be balanced against the role of independent commissions and the rights of the public to transparency.

While the Attorney General and the PSC argued that these were mere “internal staffing matters,” the court’s decision firmly places such appointments under the umbrella of public interest, requiring them to meet the highest standards of the 2010 Constitution.

List of President William Ruto’s advisors

  1. Makau Mutua (Senior Advisor on Constitutional Affairs)
  2. Moses Kuria (Senior Economic Advisor)
  3. David Ndii (Chair of the President’s Council of Economic Advisors)
  4. Monica Juma (National Security Advisor)
  5. Dominic Menjo (Food Security and Animal Production Advisor)
  6. Edward Kisiang’ani (Senior Advisor & Member of the Council of Economic Advisors)
  7. Joseph Boinnet (Deputy National Security Advisor)
  8. Jaoko Oburu (Special Advisor on Youth Economic Empowerment)
  9. Silvester Kasuku (Governance Advisor)
  10. Harriette Chiggai (Advisor on Women’s Rights)
  11. Lawrance Kaguai (Senior Advisor on Accounts,Social Economics and businesses)
  12. Abdi Guliye (Advisor on Livestock and Rangeland Management)
  13. Nancy Laibuni (Associate Member of the Council of Economic Advisors)
  14. Advisor Kennedy (Ogeto Senior Legal Advisor)
  15. Erick Wa Kitale (Senior Advisor and Head of the Presidential Economic Secretariat).
  16. Henry Kinyua (Advisor on Food Security)
  17. George’s Baro(Advisor on Governance)
  18. Karisa Nzai (Political Advisor)
  19. Ali Somane (Advisor on Security Affairs in the Office of the National Security)
  20. Wanyama Wanyama (Advisor in the Council of Economic Advisors)
  21. Steven Otieno (Advisor on Cooperatives)
  22. Joseph Mucheusi (Senior Political Advisor)