High Court clips the wings of President Ruto's 21 advisors
Some of the high profile appointments that have been hit by High Court ruling include President Ruto's economic advisor Dr. David Ndii.
The High Court has dismissed an application seeking to stay the Presidential Advisors judgment that declared such offices unconstitutional, effectively dealing a body blow to the validity of William Ruto's team of 21 advisors.
Some of the high profile appointments that have been hit include President Ruto's economic advisor, Dr. David Ndii and legal advisor Prof. Makau Mutua.
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are national security advisor Monica Juma, women's rights advisor Harriet Chiggai and head of presidential special projects and creative economy coordination Dennis Itumbi.
On Tuesday, High Court Judge Bahati Mwamuye dismissed an application by the 21 presidential advisors, who sought to stay the judgment that declared the creation and staffing of their offices unconstitutional.
Justice Mwamuye agreed with the petitioner, Katiba Institute, in their submissions noting that the court could not re-open a matter it had already considered and dismissed.
Last week, the High Court declared the offices of President William Ruto's advisors unconstitutional.
In his 22 January 2026 judgement, the judge asked the Public Service Commission (PSC) to carry out an audit all executive office of the president roles that have been established since August 2022 with a view to scrap any unconstitutional posts within three months.
According to the judgement, executive power in Kenya must be exercised in strict adherence to the Constitution and the framework established by the PSC.
What's more, the executive power must be exercised in harmony with the values of transparency, merit, fiscal responsibility, and public participation.
Further, Justice Mwamuye addressed concerns about the use of public funds, noting that the creation of the offices posed huge budgetary implications for the country.
The judge noted that the appointment of presidential advisors often evades the appointees from proper legal and institutional oversight.
High court warned that allowing such practices to continue in the country would open the door to abuse of executive power, by among others eroding constitutional safeguards, while weakening the professional and independent nature of Kenya's public service.
While faulting the President, Mr Justice Mwamuye held that Dr Ruto has no authority to create public offices and make appointments outside the legal framework established under the 2010 Constitution and provisions of the PSC.
