High Court Strikes Down President Ruto’s 21 Presidential Advisers as Unconstitutional in Landmark RulingNairobi

In a major judicial setback to President William Ruto’s administration, the High Court of Kenya has declared the creation of offices for 21 presidential advisers and their appointments unconstitutional and unlawful.Justice Bahati Mwamuye delivered the ruling on Thursday, January 22, 2026, granting petitions filed by civil society groups, including the Katiba Institute. The court found that the process bypassed key constitutional safeguards, sidelined mandatory oversight bodies such as the Salaries and Remuneration Commission (SRC) and the Public Service Commission (PSC), and lacked transparency, competitive recruitment, or proper legal grounding.

The judge quashed the decisions to establish these advisory positions—ranging from economic and national security advisers to roles on women’s rights, climate change, and food security—declaring them null and void from the outset (ab initio). All 21 appointments were invalidated, effectively removing the advisers from office with immediate effect.

A permanent injunction was issued, barring the government, including the PSC, from processing or paying any further salaries, allowances, or benefits to the affected individuals.

The ruling emphasized violations of Articles 10, 132(4)(a), and 201 of the Constitution, as well as provisions in the Public Service Commission Act and related regulations.The court highlighted concerns over duplication of existing advisory functions within government, describing it as a waste of scarce public resources at a time when Kenyans face economic hardships. Reports indicate the advisory offices incurred recurrent costs totaling around Sh2.71 billion between FY 2022/23 and FY 2026/27, with critics citing approximately Sh2.44 billion already disbursed in salaries and related expenses as a symbol of fiscal recklessness and elite capture.

The decision has sparked widespread debate on accountability and public spending priorities. Prominent figures affected include Presidential Economic Advisor David Ndii (who downplayed the ruling, suggesting informal advising could continue), former Foreign Affairs CS Monica Juma as National Security Advisor, constitutional scholar Makau Mutua, and others such as Harriet Chiggai and Jaoko Oburu Oginga.Civil society hailed the outcome as a victory for constitutionalism, with calls growing for recovery of any unlawfully paid funds and broader audits of executive structures.

The ruling directs the PSC to conduct a comprehensive 90-day audit of all offices created under the Executive Office of the President since August 2022 to ensure full compliance with the law.This development underscores ongoing tensions over government expansion amid public demands for fiscal discipline and prioritization of essential services like healthcare, infrastructure, and education.

The administration has yet to issue an official response beyond Ndii’s informal remarks.