High Court Orders PSC to Halt Pay of Ruto’s Advisors, Declares Appointments Unconstitutional

By Benadeta Mwaura - Reporter

Kenya, 22 January 2026 - The High Court of Kenya has delivered a major legal rebuke to President William Ruto’s administration, ruling that the appointment of 21 presidential advisors was unconstitutional and ordering the Public Service Commission (PSC) to immediately stop processing their pay and benefits.

In a judgment delivered on Thursday, Justice Bahati Mwamuye found that the creation of advisory offices and the subsequent appointments were made in violation of the Constitution and public service laws, and were therefore null and void.

The court also held that the appointments were made without the requisite involvement of the PSC and without filling the positions through competitive processes as required under law.

“The process violated the express letter and undermined the spirit of the Constitution by bypassing the independent recommendatory role of the Public Service Commission,” the judge said, reinforcing that executive authority must be exercised in accordance with constitutional and statutory frameworks.

Alongside striking down the appointments, the court granted an injunction barring the PSC, the body constitutionally responsible for public service appointments, remuneration and discipline, from processing salaries, allowances or any other benefits for the presidential advisors pending full compliance with the Constitution.

The judgment follows a constitutional petition filed by the Katiba Institute, which argued that the creation of the advisory positions and subsequent appointments circumvented public participation, failed to respect merit and transparency principles, and ignored the PSC’s role as required under Article 132 (4)(a) of the Constitution.

The court agreed, also pointing out that the appointments were made without proper oversight by the Salaries and Remuneration Commission, which should have been consulted on the fiscal implications.

The ruling is one of several recent High Court decisions emphasising the limits of executive authority and the central role of constitutional commissions in governance. In similar cases, the High Court has struck down executive actions that undermined the PSC’s mandate or confer powers unilaterally on the president that constitutionally belong to independent bodies.

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Legal experts say the decision reinforces constitutional checks and balances, particularly in how public service offices are established and staffed.

By invalidating the advisory positions and ordering a PSC enforcement of the Constitution, the High Court underscored that executive convenience cannot override transparency, merit and statutory procedures in public appointments.

The PSC has been given a 90-day window under the judgment to conduct a comprehensive audit of all offices created within the Executive Office of the President since the Constitution came into force, particularly after August 2022, to determine whether they comply with constitutional requirements.

Any offices found to have been established unlawfully must be abolished, and a progress report submitted to the court within 120 days.

The ruling effectively dissolves the advisory offices and bars compensation to appointees unless the government takes steps to align their roles with constitutional standards.

It also highlights the growing role of the judiciary in reinforcing governance frameworks and oversight, particularly when public resources and institutional integrity are at stake.