Ruto’s 21 nullified advisers ask court for 6 more months in office after losing jobs
By Zipporah Ngwatu, January 29, 2026Makau Mutua, David Ndii, and 19 other nullified advisers to President William Ruto have moved to court seeking orders to stay a ruling that declared their offices unconstitutional, rendering the appointments of the 21 advisers 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 “Advisers to the President,” to which Makau Mutua, David Ndii, Monica Juma, and others were appointed.
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.
Through a certificate of urgency filed on January 27, 2026, the 21 advisers are now seeking to halt the implementation of the judgment delivered by Justice Mwamuye until their application is heard and determined.
The advisers argue 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 seized of the matter.
Further, they aver that they perform 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 state 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 judgment 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 judgment 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.