Court of Appeal Temporarily Suspends Ruling Declaring Ruto’s 21 Advisers Unconstitutional

Court of Appeal Temporarily Suspends Ruling Declaring Ruto’s 21 Advisers Unconstitutional

President William Ruto has secured a significant legal reprieve after the Court of Appeal of Kenya on Friday temporarily suspended a High Court decision that had declared his 21-member Council of Advisers unconstitutional.

The ruling, delivered by a three-judge bench, effectively allows the advisers to remain in office and continue performing their duties pending the hearing and determination of a substantive appeal filed by the government.

In their decision, the appellate judges noted that the advisers had already been actively serving in the Office of the President before the High Court judgment was issued, warning that their abrupt removal could disrupt government operations.

“The 3rd to 23rd respondents (President’s advisors) were already rendering services to the public by the time the impugned judgment was delivered. There is therefore a likelihood of disruption to the functions of the Office of the President should the application be declined,” the court stated.

The bench further addressed concerns raised by petitioners that retaining the advisers would result in duplication of roles within government structures, saying that such issues should be resolved during the full appeal process rather than at the interim stage.

“Regarding the submission that allowing the advisors to continue serving would result in duplication of roles, we are of the opinion that this is an issue that should be determined during the substantive appeal,” the judges added, concluding that the government had met the legal threshold required to obtain a stay order.

The development overturns, for now, an earlier directive issued on January 22 by High Court Judge Bahati Mwamuye, which had barred the government from processing salaries or benefits for the advisers. That injunction had effectively frozen their remuneration following a constitutional petition filed by the Katiba Institute.

With the appellate court’s intervention, the injunction ceases to apply, clearing the way for the advisers to resume full engagement with the presidency and the broader government machinery. However, uncertainty remains over whether any unpaid salaries will be backdated to cover the period during which payments were suspended.

The ruling also prompted controversy over procedural concerns raised by lawyers representing the petitioners. Advocate Joshua Malidzo, part of the legal team for Katiba Institute, said they had not been informed in advance that the decision would be delivered earlier than scheduled.

“The last time we were in court, we were informed that the ruling would be delivered on April 24, 2026. I am therefore surprised that it was delivered today, as we did not receive any notice of the delivery of the ruling or the ruling itself,” Malidzo said.

Among those affected by the case are prominent figures serving on the President’s advisory team, including economist David Ndii, constitutional scholar Makau Mutua, public policy expert Joe Ager, and former police chief Joseph Boinnet, among others.

The appellate bench — comprising Justices Weldon Korir, Hedwig Ong’udi, and Samson Okong’o — also directed that the appeal be heard on a priority basis, citing the significant public interest surrounding the composition and legality of the advisory body.

Legal experts note that the dispute raises broader constitutional questions about the scope of presidential powers in appointing advisers outside formal public service structures, as well as the use of public funds to support such offices.

The Attorney General had argued that dismissing the advisers before the appeal is heard would paralyze key policy coordination functions within the presidency, a position the appellate court appeared to accept at this preliminary stage.

For President Ruto’s administration, the decision provides temporary stability within the executive branch while the legal battle continues. For critics, however, the case represents a test of constitutional safeguards against the expansion of executive authority.

The final outcome of the appeal is expected to determine not only the fate of the current advisers but also the future framework governing presidential advisory appointments in Kenya.

Until then, the advisers will remain in office, continuing to influence policy discussions at the highest level of government as the courts prepare to deliver a definitive ruling on the matter.

ALSO READ: Ndindi Nyoro Warns of Possible Fuel Price Hike Ahead of EPRA Review

Court of Appeal Temporarily Suspends Ruling Declaring Ruto’s 21 Advisers Unconstitutional