High Court Declares Offices of Presidential Advisors Unconstitutional

High Court Declares Offices of Presidential Advisors Unconstitutional

by Ken Muthomi on Thursday, 22 January 2026 - 12:10 pm

President William Ruto during the Jamhuri thematic week preparations at KICC in Nairobi on Dcember 11, 2025. PCS

The High Court has declared President William Ruto's decision to appoint 21 advisors last year as unconstitutional in another blow to the Head of State. 

In a ruling on Thursday, December 22, Justice Bahati Mwamuye issued injunction orders barring the government from processing any salaries or benefits to the advisors.

The judge stated that the appointments were also made without the input of the Salaries and Remuneration Commission regarding fiscal implications.

Effectively, all 21 Presidential advisors should cease to hold their respective offices after the High Court ruling. 

"The process violated the express letter and undermining spirit of the 2010 Constitution by: Bypassing the substantive, independent recommendatory role of the Public Service Commission under Article 132(4)(a)," Mwamunye said.

"Failing to comply with the mandatory conditions for establishing public offices under Sections 27 and 30 of the Public Service Commission Act, 2017," he added.

The court has further noted that the appointments of the 21 violated public service principles of transparency, fair competition, and merit, and also failed to comply with the mandatory conditions for establishing public offices as stipulated in the constitution.

The ruling was made following a petition filed by the Katiba Institute in 2025 after the president made the appointments, arguing that the appointments were made without adequate public participation.

More to follow...