NAIROBI, Kenya — A High Court judge has ruled that the creation of offices for 21 presidential advisers and their appointments were unconstitutional and unlawful, dealing a significant legal setback to President William Ruto’s administration.
Justice Bahati Mwamuye delivered the judgment on January 22, 2026, finding that the process used to establish and fill the advisory positions violated constitutional, statutory and public service requirements, and that the appointments therefore had no legal effect from the outset.
The court issued orders quashing the decisions to create the offices and appoint individuals to them, effectively terminating the roles of all advisers involved.
It also imposed a permanent injunction preventing the government and related agencies from processing any payments, salaries or benefits to the appointees.
Constitutionality and compliance failures
In the ruling, Justice Mwamuye said the advisory offices were established without adherence to mandatory procedures governing public service and executive appointments, including oversight by the Public Service Commission (PSC) and consultation with the Salaries and Remuneration Commission (SRC).
According to the judgment, the creation of the roles also failed to meet constitutional principles of transparency, merit and fiscal responsibility, and lacked the necessary public participation and competitive process required for public office.
The court directed the PSC to undertake a comprehensive audit of all public offices created within the Executive Office of the President since the promulgation of the 2010 Constitution, with particular emphasis on those established after August 2022.
As part of that process, any positions found to be unlawfully constituted must be abolished, and a progress report must be filed with the court within 120 days.
Legal challenge and immediate responses
The ruling followed a petition brought by the Katiba Institute and lawyer Vincent Lampaa Suyiaka, which challenged the legality of the advisory offices on grounds that they were created without constitutional authority or adequate public scrutiny.
After the judgment was delivered, representatives of the respondents, including legal counsel for the SRC, applied for a 30‑day stay of execution of the ruling, citing the need for transitional handovers of duties and reports.
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“It’s just a transitional period that they do the handover and any assignments that are undertaken, the petitioners stand not to suffer and harm,” they said.
However, the petitioners objected, arguing that the judgment did not prevent advisers from formally handing over duties and that they had been drawing salaries for roles deemed unconstitutional.
In a brief ruling, Justice Mwamuye declined to stay the execution of the judgment, dismissing the oral application for delay.
Wider political and fiscal implications
The decision marks a significant check on executive authority, coming amid ongoing debate over the scope and role of presidential advisers in Kenya’s governance framework.
Critics of the advisory appointments had previously raised concerns about transparency, accountability, ballooning wage bills and the expanding size of the Executive Office.
The rulings also put fresh focus on the legal architecture for appointing presidential advisers, requiring clearer statutory or constitutional grounding for such roles.
Legal analysts note that similar matters have drawn attention in previous cases concerning public office creation and executive discretion, highlighting tensions between institutional oversight and executive prerogative.
The court’s audit directive to the PSC and injunction against payments are set to take effect immediately.
The Attorney General’s office may consider lodging an appeal against the ruling at the Court of Appeal, according to legal sources familiar with the matter, though no formal appeal had been filed at the time of reporting.
