Blow to Ruto as Court Declares Presidential Advisors Unconstitutional

The High Court has declared President William Ruto’s Presidential Advisors unconstitutional.

In its ruling, Justice Mwamuye held that the offices of Presidential Advisors, as well as their staffing, are unconstitutional, following a petition filed by Katiba Institute.

The court reaffirmed that executive power must be exercised strictly in accordance with the Constitution and the Public Service Commission framework, and in line with the values of transparency, merit, fiscal responsibility, and public participation.

The petition challenged the appointments of 21 advisors including high-profile figures like David Ndii (Economy), Monica Juma (National Security), Edward Kisiang’ani, and 18 others, arguing the process was shrouded in secrecy and bypassed independent commissions.

The court found that the executive failed to obtain a substantive and independent recommendation from the Public Service Commission (PSC) as required by Article 132(4)(a) of the Constitution.

High Court Ruling Deals Blow to Ruto Over Presidential Advisors

Justice Mwamuye noted that the correspondence between the Office of the President and the PSC appeared to be a mere “rubber-stamping” of a pre-determined outcome rather than a deliberate, meritorious process.

The judgment noted that the President’s Office often sought to appoint specific individuals before the offices were formally created, effectively doing things in the wrong order.

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A key part of the ruling was that the move by President Ruto violated Article 201 on the proper use of public funds. The court agreed that creating many overlapping advisory roles duplicated the work of Cabinet Secretaries and wasted limited public resources.

Court Bars the Head of State from Making Further Payments to the 21 Advisors

The court also condemned the complete absence of public participation. Justice Mwamuye emphasised that the creation of senior, publicly-funded offices in the highest office of the land is a matter of “significant national concern” and cannot be treated as a private staffing matter. By keeping the details of these offices secret, the state was found to have breached Article 35, which guarantees the public’s right to access information.

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In its final determination, the court issued several orders:

• An order quashing the decisions to create the advisory offices and the subsequent appointments.
• The government is restrained from recognising or making any further payments to the 21 advisors.
• The PSC is directed to conduct a comprehensive audit within 90 days of all offices established within the Executive Office of the President since August 2022 to verify their legality

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President William Ruto presided over the United Democratic Alliance (UDA) National Executive Committee (NEC) meeting at State House Nairobi. PHOTO/PCS.