RUTO’s 21 advisers led by DAVID NDII and MAKAU MUTUA ask court for six more months in office after being rendered jobless - They were paid like CSs

Thursday, January 29, 2026 - Prof. Makau Mutua, David Ndii, Monica Juma, and 18 other advisers to President William Ruto have filed an urgent application in court seeking to suspend a ruling that declared their offices unconstitutional.

On January 22^nd, 2026, Justice Bahati Mwamuye nullified the appointments of the 21 advisers, ruling that the President failed to act on a valid recommendation of the Public Service Commission (PSC) as required under Article 132(4)(a) of the Constitution.

The Judge noted that Regulation 27 of the PSC Regulations, 2020, which mandates the PSC to determine the number of advisers needed, had not been complied with.

The court further issued a permanent injunction restraining the Attorney General, PSC, and their agents from recognising or effecting payments to the advisers.

Through a certificate of urgency filed on January 27^th, the advisers now seek to halt implementation of the judgment until their appeal is heard.

They argue that without interim protection, they will be unable to lawfully report to duty, hand over records, or safeguard sensitive information, exposing them to immediate prejudice.

The advisers emphasise that they perform specialised roles in national security, economic policy, intergovernmental coordination and constitutional affairs.

They contend that abrupt nullification of their positions without transitional measures undermines their professional functions and reputations.

“Pending the hearing and determination of this application, this court be pleased to grant orders suspending the declaration of invalidity of the applicants’ appointments,” part of the application reads.

They further request a limited stay of execution for 180 days, or such period as the court may deem fit, to allow them to lodge and pursue their appeal before the Court of Appeal.

The Kenyan DAILY POST