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Blow to Ruto as court quashes appointment of David Ndii, Makau Mutua, 19 other advisors
22nd January, 2026 06:05 PM
A Nairobi High Court has declared that President William Ruto’s decision to create various offices of advisors was unconstitutional, rendering the appointments of the 21 advisors null and void.
Katiba Institute moved to court on May 27, 2025, challenging the constitutional and legal validity of the establishment of offices designated as “Advisors to the President,” where Makau Mutua, David Ndii, Monica Juma, and others were appointed.
Justice Bahati Mwamuye ruled on Thursday, January 22, 2026, that Ruto’s decision failed to act upon a valid and independent recommendation of the Public Service Commission (PSC), as required by Article 132(4)(a) of the Constitution.
Further, the judge noted that the head of state did not comply with Regulation 27 of the PSC Regulations, 2020, particularly the PSC’s failure to determine the number of advisors needed.
Justice Mwamuye also faulted President Ruto’s appointments of advisors, noting that he did not involve the Salaries and Remuneration Commission (SRC) in assessing the financial implications of the 21 offices he created.
The court added that there was no transparency in the appointment exercise and that it was conducted without public participation, an action that violates Articles 10 and 201(a) of the Constitution.
“A declaration is hereby issued that the appointments of the 21 interested parties (advisors) to the said unconstitutional offices were and are null and void ab initio pursuant to Article 2(4) of the Constitution,” Justice Mwamuye ruled.
“An order of certiorari be and is hereby issued to remove into this Court for the purposes of quashing—which this Court hereby does—the decisions to create the impugned offices of advisors to the President, and the subsequent decisions appointing the interested parties to those offices,” Justice Mwamuye ordered.
Notably, the court issued a permanent injunction restraining the Attorney General (AG) and the Public Service Commission (PSC), their agents, or anyone acting under their authority from recognising, facilitating, or effecting any payments to the 21 nullified advisors pursuant to their appointments to the unconstitutional offices.
Justice Mwamuye also directed the PSC to conduct and complete, within 90 days from the judgement date, a comprehensive audit of all offices established within the public service for the Executive Office of the President since the promulgation of the 2010 Constitution.
The judge stated that the audit should, in particular, focus on offices created since August 2022 to verify their compliance with Article 132(4)(a), the Public Service Commission Act, and the Constitution. Based on the audit, the PSC should initiate, in accordance with the law, the process of abolishing any office found to have been established unconstitutionally or unlawfully.
