By Wahome Ngatia
In a resounding affirmation of constitutionalism, Katiba Institute has clinched a pivotal legal victory that could reshape Kenya’s governance architecture. On Thursday, Nairobi’s High Court struck down the establishment and appointments to more than 20 presidential advisory offices created by President William Ruto, ruling that the process was in stark violation of constitutional and statutory public service norms.
At the centre of this legal drama was High Court Judge Bahati Mwamuye, whose judgment did not merely nibble at the edges but decisively quashed both the creation of the advisory offices and the appointments of all 21 advisers as “null and void ab initio,” meaning they never had legal effect from the start.
The court also issued a permanent injunction preventing the Public Service Commission (PSC), the Salaries and Remuneration Commission (SRC) and government agents from recognising, remunerating, or facilitating any benefits linked to these roles.
Why the Court Struck Down the Offices
Justice Mwamuye’s ruling underscored multiple constitutional and statutory failures. The core breach was the Executive’s bypassing of the Public Service Commission’s mandatory recommendatory role under Article 132(4)(a) of the Kenyan Constitution — a safeguard that ensures public offices are not created or staffed unilaterally at the discretion of the head of state. Additionally, the appointments flagrantly ignored Sections 27 and 30 of the Public Service Commission Act, 2017 and relevant regulations that require competitive recruitment, transparency, and PSC oversight.
The SRC, likewise, was not consulted on financial or budgetary implications — a breach of constitutional principles of prudent fiscal responsibility under Article 201 and the public service values set out in Article 232 of the Constitution. Justice Mwamuye emphasised that the process was opaque and devoid of meaningful public participation, offending the constitutional ethos of accountability and transparency.
Among the offices invalidated were the Presidential Council of Economic Advisers, Office of National Security Advisor, Office of Food Security and Animal Production Advisor, and roles focused on climate change, women’s rights, fiscal policy, livestock management, and youth empowerment — showing both the breadth of structures affected and the implications for governance machinery.
Katiba Institute and Its Mission
Founded in 2011 by Yash Pal Ghai in the wake of Kenya’s new Constitution, Katiba Institute has been a persistent voice for constitutional implementation, civic education, strategic litigation, and public interest research. Its mission is to promote understanding and defend the Constitution, ensuring that state power is exercised within legal bounds. It has become a go-to civil society organisation for challenging executive overreach and defending civil liberties.
This latest victory — secured via a petition jointly filed with governance activist Suyuanka Lempaa in mid-2025 — follows a lineage of successful challenges by Katiba Institute against unlawful government practices. The organisation is also a nominee for the NGO Awards 2025 for its impactful work strengthening constitutionalism.
Responses: A Mix of Vindication and Critique
Economist Dr David Ndii, chair of the now-nullified Presidential Council of Economic Advisers, described the ruling as a “pyrrhic victory,” arguing that state offices are not a prerequisite for advising the president and hinting at informal continuations of advisory roles outside formal structures.
Critics of the advisory appointments had long viewed them as a growing “kitchen cabinet” that expanded the executive beyond constitutional limits and burdened taxpayers, a contention now vindicated by the High Court’s ruling.
Beyond a Legal Win
Practically, the PSC has been directed to conduct a comprehensive audit of all offices created within the Executive Office of the President since 2010, with particular focus on structures formed after August 2022. Any found to be unconstitutional must be abolished, and a progress report is due to the High Court within 120 days.
For President Ruto, the ruling marks a significant check on presidential discretion and signals that ambitious expansions of executive influence — even under the banner of policy or expertise — must respect constitutional procedures.
For Kenyans, it reinforces constitutional supremacy and institutional independence, reminding both government and civil society that the rule of law is enforceable reality.
