High Court judge Bahati Mwamuye has ruled that the creation of offices for 21 presidential advisers was unconstitutional.
Dealing a major blow to the advisory structure in President William Ruto’s office.
The judge held that both the process of setting up the offices and the manner in which the advisers were appointed fell foul of constitutional and legal requirements.
Therefore, stripping the positions of any legal validity.
In the judgment, the court declared that the steps taken by the first and second respondents to establish the advisory offices were unlawful.
Consequently, it nullified the appointments of all 21 advisers.
Orders of certiorari were issued to overturn the decisions that created the posts and installed individuals into them.
Additionally, we will effectively eject the office holders from their roles with immediate effect.
Justice Mwamuye went further to issue a permanent injunction restraining the respondents from approving or processing any form of remuneration.
Including salaries and allowances for the 21 advisers.
The court directed that public funds cannot be used to pay for positions that do not meet constitutional thresholds for the establishment of public offices.
As part of broader corrective measures, the court ordered a thorough audit of all offices created during the period in question to ascertain whether they comply with the Constitution, statutes and public service regulations.
The respondents were instructed to complete this audit exercise and submit a progress report to the court within 120 days, signalling possible further structural changes if other irregular offices are uncovered.
The petition was brought by Katiba Institute together with advocate Vincent Lampaa Suyiaka, who argued that the advisory positions were created outside the constitutional framework and amounted to misuse of public resources.
Following the judgment, lawyers for the respondents, including counsel representing the Salaries and Remuneration Commission (SRC).
Requested a 30‑day stay, claiming some of the affected officers needed time to hand over reports and ongoing assignments.
They told the court that a short transition would not prejudice the petitioners but would allow an orderly handover.
The petitioners opposed the plea, insisting the ruling did not bar handover.
And arguing it would be unjust to allow continued pay for individuals occupying offices now declared unconstitutional.
In a brief ruling on the oral application, Justice Mwamuye declined to suspend the implementation of the judgment.
Therefore, it is clear that the orders take effect immediately and that the request for a stay was rejected.
ALSO READ: Claire Danes’ New Netflix Thriller The Beast in Me and Her Reign Over Prestige TV
