In a landmark ruling delivered on January 22, 2026, High Court Judge Bahati Mwamuye declared the creation of 21 advisory positions in President William Ruto’s office unconstitutional, nullifying the appointments and halting all related payments immediately. The decision, stemming from a petition by the Katiba Institute and activist lawyer Vincent Lampaa Suyiaka, exposes deep flaws in how the executive established these roles—bypassing transparency, competitive recruitment, and the Public Service Commission’s oversight.
The ruling directly strips high-profile figures of their official roles and taxpayer-funded perks:
– David Ndii, Chairperson of the Presidential Council of Economic Advisors
– Monica Juma, National Security Advisor
– Makau Mutua, among others in constitutional and policy roles
Their appointments are void ab initio—invalid from the start. The court quashed the creation of the offices, issued a permanent injunction against salaries, benefits, or payments, and ordered the Public Service Commission (PSC) to stop processing them.
Practically, these advisors lose:
– Official titles and state privileges
– Salaries (previously drawn from public funds)
– Formal access to government resources
However, as Ndii quickly pointed out on social media, the ruling does not silence informal advice. “We don’t need state offices to advise the President,” he stated, calling the decision a “pyrrhic victory” and joking about continuing guidance “over breakfast.” Ndii’s defiance highlights a key loophole: while formal positions are gone, personal relationships with the President remain untouched.
Will President Ruto Abide by the Ruling?
Constitutionally, yes—for now. Kenya’s 2010 Constitution demands executive respect for judicial decisions under the rule of law (Article 10). The government sought a 30-day stay for handover, arguing it would allow pending reports without harm. Petitioners objected, noting unconstitutional offices do not justify continued pay.
No reports confirm a stay was granted; news outlets describe the ruling as effective immediately, with payments halted. The State has 120 days to audit all executive offices for compliance and report back.
History suggests an appeal is likely. Ruto’s administration has challenged similar setbacks (e.g., on finance bills or taskforces), often securing stays. If appealed successfully, positions could be suspended pending higher court review—potentially Court of Appeal or Supreme Court.
Yet public pressure mounts amid economic hardship. Critics on X (formerly Twitter) demand refunds of salaries paid since appointments (mostly in 2023-2025), viewing the roles as patronage rewarding loyalists.
President Ruto created these advisory roles shortly after taking office in 2022, expanding the Executive Office of the President. Supporters defended them as needed expertise in economics, security, and governance. Critics, including Katiba Institute, argued they evaded Article 132(4)(a) (requiring PSC involvement) and public service values of merit and competition.
The petition, filed in 2023-2025, claimed secretive recruitment violated transparency. Justice Mwamuye agreed: the process was “unlawful,” lacking advertisement, interviews, or equity.
This fits a pattern of executive-judiciary tensions under Ruto—previous rulings struck down housing levies, police deployments, and taskforces. It reinforces post-2010 checks on presidential power.
Broader Implications and Unanswered Questions
1. Financial Fallout: How much have these 21 roles cost taxpayers? No public figures exist, but similar positions draw handsome salaries plus benefits. The ordered audit may reveal this—and could abolish more offices.
2. Political Ramifications: In a lean-government era, this exposes perceived bloat. It may force restructuring toward statutory bodies with oversight.
3. Rule of Law Test: If the government appeals without delay or stay, it signals respect. Defiance would escalate constitutional crisis.
4. For the Advisors: Most, like Ndii, are professionals who can continue privately. But loss of state platform reduces influence.
As Kenya grapples with debt and austerity, this ruling reminds: no office is above the Constitution. Whether the executive fully complies—or fights to restore the status quo—will define Ruto’s respect for judicial independence in coming weeks.
