NAIROBI, Kenya, Jan 31 – President William Ruto’s Chief Economic Adviser, David Ndii, has stirred public debate after saying he would earn more money if the government loses its appeal against a High Court ruling that declared the appointment of presidential advisers unconstitutional.
Ndii made the remarks on X during a public exchange, saying his personal earnings would increase if the appeal fails, but distancing himself from any influence over the outcome of the case.
“My salary works out to about $350 a day. $1,500 a day is what I will be earning as a consultant if government loses the appeal,” Ndii said.
At current exchange rates, the consultancy income would translate to about Sh193,477 per day.
His comments come as the government seeks to overturn a High Court decision that nullified the appointments of 21 presidential advisers, ruling that their recruitment violated constitutional and statutory requirements.
The advisers have moved to court seeking a stay of execution of the January 22 ruling for at least 180 days, arguing that immediate enforcement would disrupt government operations and ongoing programmes.
Through their lawyers, Mansur Issa and Mohat Somane, the advisers filed an urgent application requesting that the matter be certified as urgent and heard ex parte. They argue that without a temporary stay, they would be barred from reporting to work even to hand over duties or secure official records.
The advisers contend that the ruling fundamentally alters the status quo and that its effects would be irreversible even if the appeal later succeeds. They say they perform specialised roles in areas including national security, economic policy, intergovernmental relations and constitutional affairs, and that their abrupt removal would create operational gaps.
They further argue that decisions on the structure and retention of advisory support within the Executive fall under the President’s discretion and are necessary for continuity in governance.
The legal challenge follows a ruling by High Court Judge Bahati Mwamuye, who declared the appointments null and void and faulted the process used to create the advisory positions.
Justice Mwamuye quashed the establishment of the offices, removed the advisers from their posts and issued a permanent injunction barring the payment of salaries or benefits. He also ordered a comprehensive audit of offices created during the period to assess compliance with the Constitution, public service laws and regulations.
The court found that the advisory offices were created without the required approvals from the Public Service Commission (PSC), input from the Salaries and Remuneration Commission (SRC) or public participation.
The judge also criticised the PSC for failing to properly document or deliberate on the appointments, citing the absence of records assessing their necessity and financial implications.
The matter now moves to the appellate stage, with the government seeking to preserve the advisory structure while the courts determine the legality of its formation.
