High Court Judge Bahati Mwamuye had ruled that President William Ruto violated the Constitution by appointing 21 advisors.
He has said the appointment was done in secrecy, opaque and illegal as SRC and PSC were not involved. He has also ruled that the positions were not competitively filled.
In his judgment in favour of lawyer Lempaa Suyianka and Katiba Institute, the judge has said that there was no involvement of the Public Service Commission, nor was there any input from the Salaries and Remuneration Commission on the amount of money they are earning from the public coffers.
“A declaration be and is hereby issued that the creation of thevarious offices of Advisors to the President, as particularized in the Petition and Supporting Affidavit with respect to the 21 Interested Parties herein by the actions, decisions, and omissions of the 1st and 2nd Respondents, among others, was unconstitutional,” said Justice Mwamuye.
He was of the view that Kenyans are not just mere bystanders in governance.
Justice Mwamuye said that Kenyans needed to know for how long these offices exist, within what scope the advisors were to serve, what the gaps and needs they were to come in to fill in and serve, and what competencies the advisors have that are not in the public service.
The Attorney General asked the court to give her at least 30 days to appeal.
However, lawyer Lempaa Suyinka said there would be no harm that the advisors who include David Ndii and Makau Mutua will suffer if they go home.
According to him, they have been illegally earning from the coffers, something which stop immediately.
