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Ruto advisors suffer another blow in bid to be allowed in office for 6 more months
03rd February, 2026 04:31 PM
President William Ruto’s advisors have suffered a blow after a Nairobi High Court dismissed their application that was seeking orders to stay a ruling that declared their offices unconstitutional.
Makau Mutua, David Ndii, and 19 others, through a notice of motion filed on January 27, 2026, wanted the court to halt the implementation of the judgement until their application is heard and determined.
Dismissing the application on Tuesday, February 3, 2026, Justice Bahati Mwamuye has stated that the court’s judgement was clear and provided lawful alternatives that exist and other aspects with respect to the quashed offices.
Judge Mwamuye also noted that it is important to underscore that while the party making an application may change, if the substance of what is being sought and the grounds of arguments in support of the same are the same, then the doctrine of res judicata bars the second attempt.
“It is to either seek review based on the permissible grounds for the same or to appeal to the venerable court that sits above; the application dated January 27, 2026, is dismissed, with each party bearing its own costs in this application,” Judge Mwamuye ruled.
In their application, the advisors argued that they would be rendered incapable of lawfully reporting to duty even for purposes of transition, handover, or safeguarding of official records, thereby exposing them to immediate prejudice before the Court of Appeal can be properly seize of the matter.
Sensitive advisory roles
Further, they stated that they have been performing specialised and highly sensitive advisory roles within government, including in areas related to national security, economic policy, intergovernmental coordination, and constitutional affairs.
In addition, they stated that the abrupt nullification of their roles without interim protection causes immediate prejudice to their professional functions and reputations.
“Pending the hearing and determination of this application, this court be pleased to grant orders suspending the declaration of invalidity of the applicants’ (21 advisers) appointments as presidential advisers in the judgement delivered on January 22, 2026,” part of the application reads.
“This court be pleased to grant a limited and time-bound stay of execution of the judgement and orders delivered on January 22, 2026, for a period of 180 days or for such period as the court may deem fit, to enable the interested parties to lodge and pursue their appeal before the Court of Appeal without the intended appeal being rendered nugatory,” another part of the application reads.
Katiba Institute moved to court on May 27, 2025, challenging the constitutional and legal validity of the establishment of offices designated as “Advisers to the President”, to which Makau Mutua, David Ndii, Monica Juma, and others were appointed.
Ruto failed to follow right procedure
On January 22, 2026, Justice Bahati Mwamuye ruled that President Ruto, in creating the various offices, failed to act on a valid and independent recommendation of the Public Service Commission (PSC), as required under Article 132(4)(a) of the Constitution.
Justice Mwamuye noted that the Head of State did not comply with Regulation 27 of the PSC Regulations, 2020, particularly the requirement for the PSC to determine the number of advisers needed.
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 advisers pursuant to their appointments to the unconstitutional offices.
