Thursday, January 22, 2026 - President William Ruto has suffered a significant blow after the High Court in Nairobi declared the offices of Presidential Advisors unconstitutional.
Delivering judgment on Thursday, January 22nd,
Justice Bahati Mwamuye ruled that the President acted outside the law by
unilaterally creating the advisory positions without following constitutional
and statutory procedures.
The court found that the process bypassed the Public Service
Commission (PSC), ignored the Salaries and Remuneration Commission (SRC),
lacked public participation, and led to a bloated Executive structure.
Justice Mwamuye emphasized that the PSC’s role had been
reduced to a mere formality.
“A constitutional recommendation is not a rubber stamp. It is a
shield against caprice and the return to former ways that bedeviled public
appointments,” he said.
The court noted the absence of documentation showing PSC
deliberations, including minutes, reports or financial assessments.
It rejected the Government’s argument that the creation of
the offices was an internal administrative matter, ruling instead that it was a
governance decision with major fiscal implications requiring public
participation.
The judge further held that the appointments were opaque and
amounted to political handpicking, with no advertisements, shortlisting or
interviews conducted.
He added that creating numerous high‑salaried advisory roles
without a needs assessment or fiscal sustainability analysis violated Articles
10 and 201 of the Constitution.
In its final orders, the court declared the offices
unconstitutional and quashed all 21 appointments.
The ruling comes months after Prof. Makau Mutua, who was appointed
Senior Advisor on Constitutional Affairs, disclosed that he earns the
equivalent of a Cabinet Secretary.
The Kenyan DAILY POST
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