Milimani Law Courts
The High Court has dismissed an application seeking to suspend a previous ruling that declared the appointment of 21 presidential advisors unconstitutional.
In a ruling on Tuesday, February 2, Justice Bahati Mwamuye said the issues raised in the fresh application had already been conclusively determined in the judgment on January 22, 226.
“I am satisfied, and I do hereby find and hold that the application dated January 27, 2026, is indeed res judicata,” Justice Mwamuye stated, noting that the arguments and requested relief mirrored those previously dismissed.
On Jan 22, the High Court declared that the 21 offices of presidential advisors are unconstitutional, citing role duplication, usurpation of established public offices, and the availability of lawful alternatives within the public service framework.
The court observed that there was no evidence that the Public Service Commission (PSC) assessed workload, duplication, or fiscal impact before approving the posts.
As part of the judgment’s implementation, the PSC and SRC were ordered to cease recognising the advisers’ roles and halt all related payments.
Following the ruling, the advisors and the Attorney General moved to court to seek a stay order on the decision for six months.
The advisers argued that a temporary stay would ensure an orderly transition, protect their intended appeal and prevent prejudice to the president.
The affected advisors 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.
Meanwhile, the advisors, through their lawyer, have vowed to move to the Court of Appeal to challenge the decision.
