High Court Delivers Another Setback to President Ruto Over Advisory Appointments
The High Court has dealt President William Ruto another major legal blow after dismissing fresh applications that sought to suspend an earlier ruling which stopped the appointment of presidential advisers.
The court found that the issues raised in the new applications had already been fully addressed and decided, leaving no room for reconsideration.
In a ruling delivered on Tuesday, February 3, Justice Bahati Mwamuye said the respondents and interested parties were simply repeating arguments that the court had already examined in detail. He ruled that the applications were res judicata, meaning the matters had been conclusively determined and could not be reopened.
Justice Mwamuye noted that the applicants failed to introduce any new evidence or legal issues that could justify suspending the earlier decision.
According to the judge, there was no proof that allowing the ruling to stand would result in injustice or irreparable harm.
“The doctrine of res judicata exists to prevent endless litigation of the same matter,” Justice Mwamuye stated. He added that the court had already dealt with concerns surrounding the alleged duplication of government offices and functions in its previous ruling.
During the hearing, civil society group Katiba Institute strongly opposed the fresh applications. Represented by lawyer Malidzo Nyawa, the institute argued that the High Court lacked the authority to revisit matters it had already settled.
The lawyer urged the court to dismiss the applications, insisting that reopening the case would undermine the rule of law and judicial finality.
On the other hand, the respondents maintained that a temporary stay was necessary to allow the affected presidential advisers to complete handover processes.
They told the court that they intended to challenge the ruling at the Court of Appeal and needed time to manage the transition.
“We have exhausted all options at the High Court and now want to proceed to the Court of Appeal,” their lawyer told the court.
The advisers, numbering 21, had asked to be allowed back to work for at least six months. They argued that this would help prevent an operational crisis within government, allow for proper handovers, and give them time to pursue an appeal against the ruling that declared their appointments illegal.
However, the court was not persuaded by these arguments.
Earlier, the High Court had suspended the appointment of the presidential advisers after finding that their creation and appointment violated the Constitution and several public service laws. The court ruled that the positions were established without following mandatory legal procedures.
According to the judgment, the government failed to seek advice from the Public Service Commission, did not ensure public participation, skipped competitive recruitment, and did not obtain approval on salaries, budgets, and other financial implications.
The court further found that the advisers’ roles overlapped with existing government offices, leading to duplication of duties. This, the judge said, made the positions unconstitutional. As a result, the court ordered the suspension of both the appointments and the payment of salaries to the affected advisers.
President Ruto has relied heavily on this group of advisers to shape key government policies and projects. The team includes prominent figures such as economist David Ndii, who has played a visible role in advising the President on economic reforms and development strategies.
The latest ruling now deepens the legal and political pressure on the presidency, as the government weighs its next steps while preparing to move the matter to the Court of Appeal.
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