- The High Court in Nairobi annulled the appointment of 21 advisers to President William Ruto, declaring the offices unconstitutional
- Judge Bahati Mwamuye ruled that the positions were created illegally, ignoring the Public Service Commission, ignoring financial protection, and preventing public participation
- The case, filed by the Constitutional Institute, resulted in all nominations being annulled, with the court condemning the process as wasteful, opaque, and politically driven.
The High Court in Nairobi gave the President William Ruto a big blow after canceling the appointment of his advisers.
Source: Twitter
Ruto had at least 21 advisers on matters ranging from economic to legal matters.
Judge Luck Mwamuye ruled on Thursday, January 22, that the councilors were holding their positions unconstitutionally.
The case challenging the appointment was filed by the Constitution Institute, a civil society organization that promotes constitutional legitimacy and defends the constitution.
Why was the appointment of Ruto’s advisers challenged in court?

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The organization said Ruto was wrong to appoint “constitutional, wasteful, duplicative, and unnecessary advisory offices”, which it said represented a throwback to the dark days that marked the old constitutional regime.
His application to the court included a declaration that Ruto’s appointment was an invalid administrative action that did not pass the constitutional and legal tests of legality and procedural fairness.
In his decision, Judge Mwamuye noted that the president acted against the law by creating those positions without following the required constitutional and legal procedures. Why the Court Overturned the Appointment of Ruto’s Advisers
The judge noted that the process ignored the Public Service Commission (PSC), ignored the Salaries and Remuneration Commission (SRC), removed public participation, and resulted in a large executive with unnecessary waste.
The decision further criticized the diminished role of the PSC, pointing to the absence of proper records, discussions, or reports to justify the appointment.
Mwamuye rejected the government’s claim that the matter was merely administrative, insisting instead that it was an administrative decision with significant financial consequences.

Source: Twitter
He added that the move violated national values under Article 10 and fiscal responsibility under Article 201.

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The court condemned the selection as non-transparent, non-competitive, and politically driven, while also criticizing the misuse of public funds without a needs assessment or sustainability analysis.
Finally, the Supreme Court declared the offices unconstitutional and annulled all 21 appointments.
The consultants affected by the decision are;
|
Counselor |
Work |
|
David Ndii |
Economic Issues |
|
Monica Juma |
Security and Foreign Relations |
|
Jaoko Oburu |
Economic Empowerment and Sustainable Livelihoods |
|
Residence Mutua |
Law and Governance |
|
Harriet Chigai |
Women’s Rights |
|
Mahamat Somane |
Legal Issues |
|
Abdi Guliye |
Economic Issues |
|
Dominic Menjo |
Food Safety |
|
Sylvia Kang’ara |
Economic Issues |
|
Edward Kisiangani |
Economic Issues |
|
Joseph Boinnet |
National Security |
|
Sylvester Parrot |
Economic Issues |
|
Nancy Laibuni |
Economic Issues |
|
Kennedy Ogeto |
Legal Issues |
|
Augustine Cheruiyot |
Economic Issues |
|
Henry Kinyua |
Economic Issues |
|
Joe Ager |
Economic Issues |
|
Karis Nzai |
Political Issues |
|
Mohammed Hassan |
Infrastructure and Development |
|
Steven Otieno |
Cooperative Development |
|
Christopher Doye |
Chief Political Adviser |
How much salary does Ruto’s adviser get?
Last September, Makau Mutua shared details about the salaries of the presidential adviser.

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Mutua revealed that his salary is the same as that of a Cabinet Minister.
He revealed that his monthly salary is about KSh 990,000, a package that covers basic salary, housing allowance, and market adjustment benefits.
Ruto appointed him last April as the chief adviser on constitutional and legal matters.
The President praised his extensive knowledge of constitutional issues, noting that his guidance would reform the Bottom-up Economic Transformation Agenda (BETA).
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