Ruto Loses Court Battle as Judges Scrap Advisory Offices

Kenya’s High Court has ruled that President William Ruto’s creation of several advisory offices within the Executive Office was unconstitutional, nullifying 21 positions and cancelling the appointments made to them.

The decision, delivered on Thursday by Justice Mwamuye, found that the process used to establish the offices violated key constitutional and statutory requirements. While the court accepted that the President may have acted in good faith, it held that the failures in procedure were serious and could not be remedied. The judge said the actions and omissions involved amounted to fundamental constitutional breaches.

The case was filed by the Katiba Institute and activist Suyuanka Lempaa. They argued that the advisory roles amounted to an informal “kitchen cabinet” operating outside the constitutional framework. According to the petitioners, the offices undermined the 2010 Constitution, which sought to limit the size of the executive and ensure that advisory roles are filled through transparent and regulated processes.

They also warned that the creation of the posts risked expanding government without accountability, as the appointments were made without competitive recruitment, public participation, or clear oversight mechanisms. The court struck down several structures, including the Presidential Council of Economic Advisers, the Office of the National Security Advisor, Government Delivery Services, and advisory roles on food security, climate change, women’s rights, youth empowerment, fiscal policy, constitutional affairs, and livestock management.

Those affected include economist Dr David Ndii, who chaired the Council of Economic Advisers, legal scholar Prof Makau Mutua, former Solicitor-General Kennedy Ogeto, lawyer Harriet Chiggai, and Jaoko Oburu. The court ruled that all the appointments were invalid from the outset.

Justice Mwamuye found that the President failed to involve the Public Service Commission, which is required under Article 132(4)(a) of the Constitution to recommend such appointments. The court also noted that the Salaries and Remuneration Commission had not been consulted on the financial implications. In addition, the judge cited a lack of transparency and public participation, in breach of Articles 10 and 201 of the Constitution.

The ruling said that the creation of parallel and unregulated advisory structures undermined the principles of accountability, fair competition, and prudent use of public resources, as well as the constitutional vision of a professional public service. In addition to cancelling the offices, the court issued a structural order directing the Public Service Commission to audit all positions created within the Executive Office of the President since the 2010 Constitution took effect.

The audit must be completed within 90 days, with particular focus on offices established after August 2022. Any positions found to be unconstitutional must be abolished, and a progress report submitted to the court within 120 days.