Court Declares Creation of Offices for Ruto’s 21 Advisers Unconstitutional
The High Court has ruled that the creation of offices for 21 advisers appointed by President William Ruto was unconstitutional, finding that the positions were established without a legal framework, public participation or parliamentary approval. The court held that the Executive overstepped its mandate by creating public offices outside the structures set out in the Constitution, effectively bypassing institutions such as the Public Service Commission. Consequently, the appointments were declared null and void.
In its decision, the court emphasised that public offices cannot be created through executive action alone, particularly where remuneration is drawn from public funds. It warned that permitting such appointments would set a dangerous precedent, undermining accountability, the separation of powers and the prudent use of taxpayer money. The ruling reinforces constitutional safeguards governing public service appointments and places clear limits on presidential discretion, especially in expanding the size and cost of government without legal or public oversight.