Blow to President Ruto as High Court Cancels Appointment of 21 Advisors
President William Ruto has suffered a major legal setback after the High Court ruled that his decision to appoint 21 presidential advisors was unconstitutional. The ruling has dealt a fresh blow to the Head of State and raised serious questions about how the appointments were made.
In a judgment delivered on Thursday, December 22, High Court Judge Justice Bahati Mwamuye issued orders stopping the government from paying salaries, allowances, or any other benefits to the advisors. The court decision effectively brings the roles of all 21 advisors to an immediate halt.
Justice Mwamuye stated that the appointments were irregular and unlawful because they were made without proper consultation with key constitutional bodies.
In particular, the judge noted that the Salaries and Remuneration Commission (SRC) was not involved to assess the financial impact of creating the new positions, as required by law.
According to the court, the process used by the President violated both the letter and the spirit of the 2010 Constitution. Justice Mwamuye explained that the appointments bypassed the Public Service Commission (PSC), which is supposed to play an independent and substantive role in recommending and approving such positions under Article 132(4)(a) of the Constitution.
The judge further observed that the government failed to meet the mandatory legal requirements for establishing public offices, as outlined in Sections 27 and 30 of the Public Service Commission Act of 2017.
These sections require clear justification, transparency, and adherence to constitutional procedures when creating new roles in public service.
As a result of the ruling, all 21 presidential advisors are required to vacate their offices with immediate effect.
President Ruto had appointed the advisors in May 2025, a move that attracted widespread public debate and criticism. The list included well-known figures such as economist David Ndii, former Cabinet Secretary Monica Juma, constitutional lawyer Makau Mutua, and Jaoko Oburu, the son of Siaya Senator Oburu Odinga.
The court also found that the appointments violated key public service principles, including transparency, fair competition, merit-based selection, and accountability.
Justice Mwamuye noted that the positions were created and filled without following open and competitive recruitment processes, raising concerns about governance and misuse of public resources.
In addition to nullifying the appointments, the judge issued a 90-day directive to the Public Service Commission. The PSC has been ordered to conduct a comprehensive audit of all offices created within the Executive Office of the President to determine whether they comply with constitutional and legal requirements.
The ruling followed a petition filed by the Katiba Institute in 2025. The civil society organization argued that the appointments were made without adequate public participation and ignored established constitutional safeguards.
Reacting to the judgment, Katiba Institute welcomed the court’s decision, saying it had successfully challenged the unconstitutional creation and staffing of the offices of presidential advisors.
“The High Court has allowed our petition and declared the creation and appointment of presidential advisors unconstitutional,” the institute said in a statement.
The organization added that the ruling reinforces the principle that executive power must be exercised strictly within the framework of the Constitution, the Public Service Commission Act, and national values such as transparency, merit, fiscal responsibility, and public participation.
The decision is expected to have far-reaching implications for how future appointments within the Executive Office of the President are made and could shape governance practices going forward.
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