File image of President William Ruto
The Court of Appeal has temporarily suspended the High Court ruling, which declared positions of advisors in the Office of the President unconstitutional.
In a ruling on Friday, March 13, the appellate court said dismissing the President’s advisors could disrupt the operations of his office.
The decision by the Court of Appeal follows an appeal which was filed by the Office of the Attorney General.
In its ruling, the Court of Appeal agreed with submissions by the Office of the Attorney General of Kenya that the advisors were already actively performing public functions at the time the High Court issued its ruling.
The court order allows the President’s advisors to remain in office pending the hearing and determination of a full appeal.
The ruling comes weeks after the High Court declared that the 21 offices of presidential advisors are unconstitutional.
Justice Bahati Mwamuye cited role duplication, usurpation of established public offices, and the availability of lawful alternatives within the public service framework.
The High Court Judge observed that there was no evidence that the Public Service Commission (PSC) assessed workload, duplication, or fiscal impact before approving the posts.
Justice Mwamuye directed PSC and SRC to cease recognising the President’s advisers’ roles and halt all related payments.
The Head of State has 21 advisors who include: David Ndii, Makau Mutua, Monica Juma, Harriet Chigai, Edward Kisiang’ani and Jaoko Oburu.
Others are: Joseph Boinnet, Sylvester Kasuku, Nancy Laibuni, Abdi Guliye, Sylvia Kang’ara, Ali Mahat Somane, Dominic Menjo, Kennedy Ongeto, Augustine Cheruiyot, Henry Kinyua, Joe Ager, Karisa Nzai, Mohammed Hassan, Steven Otieno, and Christopher Doye Nakuleu.
