Katiba Institute Moves to Block Pay for Former State House Advisors

Constitutional watchdog Katiba Institute has petitioned the Controller of Budget, Dr. Margaret Nyakang’o, to immediately cease the approval of all payments to the advisors previously attached to the Executive Office of the President.

This move by the institute follows a decision by the High Court ruling on January 22, 2026, which declared the creation and staffing of these offices unconstitutional.

In a letter addressed to the Controller of Budget, Katiba Institute cited the judgment in Katiba Institute v. AG and Others (HCCHRPET/E317/2025). Justice Bahati Mwamuye ruled that the offices were established in “flagrant violation” of the Constitution, noting that the Executive bypassed the Public Service Commission (PSC) and the Salaries and Remuneration Commission (SRC).

“Katiba Institute has written to the Controller of Budget to demand compliance with the orders in Katiba Institute v. AG and Others (HCCHRPET/E317/2025) following the High Court’s 22 January 2026 decision declaring the creation and staffing of Presidential Advisor offices unconstitutional,” Katiba Institute noted.

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Demands

The institute noted that in accordance with Article 228 of the Constitution, no payments have been authorized for former Presidential Advisors or their positions since the ruling, and they won’t be in the future.

“Katiba Institute is seeking confirmation that no payments have been approved for former Presidential Advisors or their offices since the judgment and shall not be approved going forward in line with Article 228 of the Constitution,” Katiba Institute said.

The report further stated that the Court found that the establishment of the offices and the appointment of advisors were undertaken without a clear constitutional or statutory basis and in a manner that bypassed the mandates of the Public Service Commission and the Salaries and Remuneration Commission.

Concerns regarding the use of public funds were also addressed by the ruling, which pointed out that the establishment of the offices had substantial budgetary ramifications that were not adequately monitored by institutions and the law.

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The ruling nullified the positions of several prominent figures, including David Ndii (Chairperson, Presidential Council of Economic Advisers), Makau Mutua (Senior Adviser on Constitutional Affairs), Monica Juma (National Security Adviser), Harriet Chigai (Women’s Rights Adviser) and Edward Kisiang’ani.

Others include Jaoko Oburu, Joseph Boinnet, Sylvester Kasuku, Nancy Laibuni, Abdi Guliye, Sylvia Kang’ara, Ali Mahat Somane, Dominic Menjo, Kennedy Ongeto, Augustine Cheruiyot, Henry Kinyua, Joe Ager, Karisa Nzai, Mohammed Hassan, Steven Otieno, and Christopher Doye Nakuleu.

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Katiba Institute report on the immediate cease for the approval of all payments to the advisors previously attached to the Executive Office of the President.PHOTO/Katiba Institute