Kenya’s High Court has made a landmark ruling, declaring the appointment of 21 advisers to President William Ruto’s administration unconstitutional and void. The ruling, issued on January 22, 2026, by Justice Bahati Mwamuye, came after a legal challenge regarding the process of their appointments, which lacked the necessary transparency and did not involve proper public consultation.
Among those affected by the court’s decision are prominent figures like economist David Ndii, legal expert Makau Mutua, and former police chief Joseph Boinnet. The court ordered that the salaries of these advisers, who have been paid over KSh 2.44 billion since their appointment, be immediately halted. The advisers had been receiving salaries upwards of KSh 600,000 each, with additional perks bringing their total monthly compensation to around KSh 1 million. However, their appointments were made without the involvement of the Salaries and Remuneration Commission (SRC), as required by law.
Justice Mwamuye criticized the manner in which the appointments were made, describing it as “the antithesis of transparency” and conducted through “confidential correspondence.” He emphasized that the process was fundamentally flawed and did not align with the constitutional principles of openness and public participation.
The ruling has drawn significant attention, as it highlights ongoing issues with governance and the adherence to constitutional protocols in Kenya’s administration. It also raises questions about the influence of political appointments and the lack of checks and balances in such decisions.
The decision comes amidst broader political tensions, with critics of Ruto’s government accusing him of undermining democratic principles. The court’s order to freeze the salaries of these advisers marks a rare legal victory for those advocating for more accountability and transparency in the administration’s hiring practices.
