Katiba Institute has filed a petition in the High Court challenging President William Ruto’s creation of several advisory offices, terming them illegal and unconstitutional.
In its petition, Katiba Institute accuses the president of secretly establishing multiple advisory positions in a bid to reward political loyalists with public jobs.
The group argues that the offices were created without legal backing, in contravention of the Constitution and relevant public service laws.
“When a president acts as if the constitutional text is a mere suggestion, usurps the powers of constitutional commissions, creates unconstitutional offices, re-establishes a kitchen cabinet, rewards his loyal supporters with public offices, and imprudently uses public resources, he needs to be stopped and reminded of the constitutional truths,” part of the petition read.
Further, the petitioner notes that the president in recent years has been creating offices through executive orders or Gazette Notices and naming them ‘advisors to the president’.
“In recent years, there have been reports of the president establishing offices and naming them ‘advisors to the president’. These offices were created through executive orders or Gazette Notices and carried by print and social media,” part of the petition read.
The group lists some of the offices that the president has created as follows:
President’s Council of Economic Advisors, Office of Food Security and Animal Production Advisor, Government Delivery Services, Office of the National Security Advisor, Office of the Women’s Rights Advisor, Office of the Council of Climate Change Advisor and Office of Fiscal Affairs and Budget Policy.
Others include the Office of the Economic Transformation; Advisor on Livestock and Rangeland Management, Senior Advisor of Constitutional Affairs, Senior Political Advisor, Special Advisor on Youth Economic Empowerment, and the Office of the Senior Economic Advisor.
Notably, they state that these offices were neither created with the recommendation nor consultation of the Public Service Commission and Salaries and Remuneration Commission as required by Articles 132, 230, and 232 of the Constitution.
Additionally, they argue that the appointment of people to fill the unconstitutional offices was made contrary to the requirements of Article 232 of the Constitution.
They also accuse the president of ignoring the explicit legal provision of Regulation 27 of the Public Service Regulations, NO 3 of 2020, that vests the appointment of advisors and the creation of such offices in the Public Service Commission.
