Thursday, January 29,
2026 - Prof. Makau Mutua, David Ndii, Monica Juma, and 18 other advisers to
President William Ruto have filed an urgent application in court seeking to
suspend a ruling that declared their offices unconstitutional.
On January 22nd, 2026, Justice Bahati Mwamuye
nullified the appointments of the 21 advisers, ruling that the President failed
to act on a valid recommendation of the Public Service Commission (PSC) as
required under Article 132(4)(a) of the Constitution.
The Judge noted that Regulation 27 of the PSC Regulations,
2020, which mandates the PSC to determine the number of advisers needed, had
not been complied with.
The court further issued a permanent injunction restraining
the Attorney General, PSC, and their agents from recognising or effecting
payments to the advisers.
Through a certificate of urgency filed on January 27th,
the advisers now seek to halt implementation of the judgment until their appeal
is heard.
They argue that without interim protection, they will be
unable to lawfully report to duty, hand over records, or safeguard sensitive
information, exposing them to immediate prejudice.
The advisers emphasise that they perform specialised roles
in national security, economic policy, intergovernmental coordination and
constitutional affairs.
They contend that abrupt nullification of their positions
without transitional measures undermines their professional functions and
reputations.
“Pending the hearing and determination of this application,
this court be pleased to grant orders suspending the declaration of invalidity
of the applicants’ appointments,” part of the application reads.
They further request a limited stay of execution for 180
days, or such period as the court may deem fit, to allow them to lodge and
pursue their appeal before the Court of Appeal.
The Kenyan DAILY POST
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