David Maraga wants Ruto to return all the money used to pay the salaries of his illegal advisers

• Retired Chief Justice David Maraga urged President William Ruto to return public funds spent on presidential advisers
• Maraga expressed his support for Judge Bahati Mwamuye’s decision, which cited procedural violations, lack of public participation, and misuse of public funds.
• According to Maraga, the creation of presidential advisory positions often ignored the necessary constitutional procedures
• The Supreme Court annulled all 21 appointments, declaring the offices unconstitutional, with Maraga insisting that the payments made under the annulled duties be returned

Retired Chief Justice David Maraga He has asked President William Ruto to return the money spent on presidential advisers after the decision of the High Court to declare their offices unconstitutional.

Maraga’s comments, made on X Friday, January 23, came after Judge Luck He ordered him to issue a judgment canceling the creation of presidential advisory positions.

In the decision on Thursday, January 22, Judge Mwamuye cited irregularities, lack of public participation, and misuse of public funds.

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Why should Ruto return the resources used to finance the activities of consultants?

Maraga expressed strong support for the court’s decision, calling it an important step in defending the 2010 Constitution and protecting public resources.

He criticized the frequent creation of offices without a legal basis, saying that such actions undermine accountability and misuse taxpayers’ money.

Maraga said that the creation of unconstitutional offices seems to serve political purposes instead of public interest.

He said that these roles are often used as political gifts used to benefit allies and insiders, ignoring merit-based appointments.

“I support the decision of the High Court against the unconstitutional presidential adviser positions of the Ruto administration. The president has repeatedly created unconstitutional offices, including CAS positions and presidential adviser positions. He has done this to reward cronies while avoiding accountability when the courts overturn them,” he wrote.

Correcting Judge Mwamuye’s opinion on how the positions used public funds, Maraga said the money should be returned.

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“The canceled consultant positions used a lot of public money and it is only fair that the payments be returned because the offices were illegal,” Maraga said.

What decision did the High Court give regarding Ruto’s advisers?

The decision of the Supreme Court found that Ruto he acted outside the law by establishing consulting offices without following the necessary constitutional and legal procedures.

According to the decision, the appointment bypassed the Public Service Commission (PSC), ignored the advisory role of the Salaries and Remuneration Commission (SRC), and lacked public participation.

Judge Mwamuye noted that the role of the PSC had been reduced to mere procedure,” instead of independent protection.

The court also criticized the lack of proper documentation, including PSC meeting minutes and reports analyzing the applications against legal criteria.

The court further rejected the government’s argument that the creation of the offices was an internal administrative matter.

According to Judge Mwamuye, the decision was of great administrative importance, with significant financial implications, and required public participation.

In its final orders, the Supreme Court annulled all 21 appointments and declared the offices unconstitutional.

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Source: TUKO.co.ke