NAIROBI, Kenya Jan 26 – Katiba Institute has filed an urgent contempt of court application seeking punitive action against economist David Ndii and presidential adviser Harriet Chiggai for allegedly defying High Court orders that declared the creation and staffing of presidential advisory offices unconstitutional.
In a press statement issued on Monday, the constitutional watchdog said the two advisers had willfully disobeyed court orders issued on January 22, which quashed the establishment of the offices and nullified the appointments of 21 advisers to President William Ruto.
The High Court, presided over by Justice Bahati Mwamuye, ruled that the advisory offices were created without following constitutional and statutory procedures, including approval by the Public Service Commission and input from the Salaries and Remuneration Commission.
The court also declined to grant a stay of execution, making the orders immediately binding on all parties.
Katiba Institute says despite the clarity of the ruling and its wide media coverage, Chiggai continued to publicly present herself as a government adviser, while Ndii issued social media posts that the Institute says not only defied the judgment but also attacked the authority and independence of the Judiciary.
“The conduct of the interested parties undermines the rule of law, erodes public confidence in the justice system and amounts to intimidation of the courts,” the Institute said.
In the court filings, Katiba Institute argues that the two had actual and constructive knowledge of the court orders, noting that State Counsel from the Office of the Attorney-General was present when the judgment and subsequent refusal to grant a stay were delivered.
The organisation further accuses Ndii of publishing statements on X that it says scandalised the court and suggested that political power supersedes the law, while also making remarks that could be interpreted as threatening to judicial officers.
“These were not mere expressions of opinion or lawful criticism, but statements calculated to undermine public confidence in the administration of justice,” the application states.
Katiba Institute is asking the court to certify the matter as urgent, cite the two advisers for contempt and impose appropriate punishment under the law.
Last week,the High Court directed the Public Service Commission (PSC) to conduct a comprehensive 90-day audit of all offices established under the Executive Office of the President, with particular focus on offices of Advisors to the President created since August 2022.
The court ruling comes amid concerns that several offices may have been created without proper constitutional or legal backing.
The order specifically requires the PSC to verify whether these offices comply with Article 132(4)(a) of the Constitution, the Public Service Commission Act, and other relevant laws.
Where any office is found to have been established unlawfully or unconstitutionally, the PSC is mandated to initiate the process of abolishing such offices in accordance with the law.
In addition, the PSC is required to submit a progress report to the High Court within 120 days of the judgment, outlining the status of the audit and any actions taken to regularize or abolish non-compliant offices.
