High Court Rejects Bid to Reinstate Ruto Advisers
The High Court has dismissed an application by 21 former advisers to President William Ruto seeking temporary reinstatement of their positions, ruling that the matter was already settled and barred by the principle of res judicata.
The advisers had asked for a six‑month stay to manage what they described as an orderly transition, arguing that the reprieve would protect their planned appeal and prevent prejudice to the President. Their request was supported by the Attorney‑General, the Public Service Commission (PSC), and the Salaries and Remuneration Commission (SRC), which urged the court to suspend the earlier judgment.
The court found the application legally untenable, noting that similar oral requests had been rejected immediately after the January 22 ruling that declared the advisers’ posts unconstitutional. The judge said that the relief sought repeated arguments already dismissed.
Those affected include David Ndii, Makau Mutua, Monica Juma, Harriet Chigai and Edward Kisiang’ani, among others. Their removal followed the court’s finding that the PSC had failed to assess duplication, workload or fiscal impact before approving the roles.
The January judgment directed the PSC and SRC to stop recognising the positions, halt payments, and carry out a 90‑day audit of all offices created under the Executive Office of the President since the 2010 Constitution. In rejecting the stay, the court stressed the importance of judicial finality, warning against repeated attempts to reopen settled matters.
The judge observed that such litigation contributes to case backlogs and undermines confidence in the justice system. The advisers had also sought permission to briefly return to complete handover processes, but the court ruled that reinstating abolished positions, even temporarily, would contradict its earlier findings. Each party was ordered to bear its own costs.
Separately, the court declined to hold David Ndii and Harriet Chigai in contempt over remarks made on social media after the ruling.
