NAIROBI, Kenya Mar 13 – President William Ruto’s inner circle of 21 advisors has received a temporary reprieve after the Court of Appeal of Kenya suspended a High Court of Kenya ruling that had declared their offices unconstitutional.
In a decision delivered in Nairobi on Friday, a three-judge bench comprising Justices William Korir, Hedwig Ong’udi, and Samson Okong’o granted a stay of execution of the earlier judgment.
The order allows the advisors to remain in office pending the hearing and determination of a full appeal.
The ruling offers a major boost to the Executive, which has been seeking to retain the advisory team since a lower court decision in January nullified the positions.
Those affected include several high-profile figures within the President’s advisory circle, among them economist David Ndii, National Security Advisor Monica Juma, and constitutional scholar Makau Mutua, alongside 18 other advisors handling portfolios ranging from foreign relations to gender and intergovernmental coordination.
In granting the stay, the appellate judges said removing the officials immediately risked disrupting the operations of the Office of the President of Kenya.
The court agreed with submissions by the Office of the Attorney General of Kenya that the advisors were already actively performing public functions at the time the High Court issued its ruling.
The judges noted that declining to suspend the judgment could create a vacuum within the advisory structure that supports the President’s day-to-day work.
The dispute stems from a petition filed by activists and civil society organisations, including Katiba Institute, who argued that the creation of the advisory positions bypassed constitutional procedures.
Petitioners successfully convinced the High Court that the offices duplicated functions already assigned to Cabinet Secretaries and the Attorney General.
They also argued that maintaining the positions would amount to an unnecessary burden on taxpayers and perpetuate what they termed an unconstitutional arrangement.
However, the Public Service Commission of Kenya and the Attorney General maintained that the appointments were lawful and made in line with the Public Service Commission Act. They told the appellate court that the President has the authority to appoint personal staff to assist in the discharge of constitutional duties.
“In the circumstances, we are convinced that the applicant has satisfied the two limbs for the grant of the order sought,” the judges said.
State legal counsel further argued that the High Court failed to distinguish between advisory roles and Cabinet positions, insisting that the two sets of officials perform separate but complementary functions within government.
Even as the advisors retain their posts for now, the Court of Appeal said the underlying constitutional questions remain unresolved.
Citing the significant public interest in the case, the judges recommended that the President of the Court of Appeal fast-track the appeal so the legality of the positions can be determined without delay.
For now, the status quo at State House remains intact, with the 21 advisors continuing in their roles as the government prepares for a decisive legal battle that could define the limits of presidential power in creating public offices.
