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Katiba Institute has filed an Urgent Application in Contempt of Court, and it has taken this judicial dispute to a new level on claims of disobedience of orders by the High Court on its declarations that the creation of these offices of Presidential Advisers is unconstitutional.
The application places renewed focus on respect for judicial authority and compliance with court rulings by state officials and public office holders.
In a press release issued in Nairobi on Monday January 26, Katiba Institute said it had moved to court seeking accountability for what it termed willful defiance of binding judicial directives.
The civil society organization described the application as necessary in the maintenance of rule of law and the sustenance of the Constitution in the wake of a High Court decision on 22 January 2026.
The orders by the court, as cited by Katiba Institute, were clear, binding, and widely communicated, leaving no doubts as to the obligations of the affected parties.
The institute argues that continued action in breach of these orders amounts to contempt of court.
Application Targets Senior Government Figures
Katiba Institute disclosed that the contempt proceedings seek to hold David Ndii, named as the “1st Interested Party,” and Harriet Chiggai, identified as the “5th Interested Party,” accountable.
In its statement, the institute said it had “today filed an urgent Contempt of Court Application, seeking to hold David Ndii (1st Interested Party) and Harriet Chiggai (5th Interested Party) accountable for wilfully defying the High Court’s orders of 22 January 2026.”
The institute stated that the application accuses the two of “deliberately disobeying the ruling, which declared the creation and staffing of Presidential Advisers’ offices unconstitutional.”
It added that it is asking the court “to punish the said parties in accordance with the law for their failure to comply with the court orders.”
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Alleged Public Defiance and Judicial Undermining
Katiba Institute further alleged that the conduct of the two interested parties persisted despite the clarity of the ruling.
It said that “the 5th Interested Party continued to act publicly as an advisor,” while “the 1st Interested Party published statements on X openly defying the ruling and attacking the Court’s authority and independence of the Judiciary.”
The organization warned that such actions have far-reaching implications.
“This conduct undermines the rule of law, erodes public trust in the justice system, and intimidates courts,” it said, underlining concerns about the wider consequence on democratic governance and judicial independence.
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Call for Compliance and Institutional Action
Beyond the court application, Katiba Institute issued a wider appeal to state actors and institutions.
It called upon “all State officers to fully respect and comply with court orders and to uphold the authority and independence of the Judiciary.”
The institute also urged political leaders and public figures “to refrain from statements or actions that undermine the administration of justice or intimidate judicial officers.”
Emphasizing constitutional equality before the law, Katiba Institute stated that “the rule of law must be respected by all, without exception.”
It further appealed to “relevant institutions, including law enforcement and oversight bodies, to act decisively to protect the courts and ensure accountability for any violations of court orders.”
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Presidential Council of Economic Advisors (CEA) chair Dr. David Ndii. PHOTO/ Standard.