Katiba Institute has moved to block any budget approvals for President William Ruto’s advisers following a court ruling.
The High Court ruling declared the creation and staffing of the offices unconstitutional.
In a letter dated February 4 and addressed to Controller of Budget Margaret Nyakang’o, Katiba Institute executive director Nora Mbagathi sought confirmation that no public funds have been approved for the advisers’ offices since the January 22 High Court ruling.
“I write to you today to draw your attention to the aforementioned judgment and to request that you confirm that, in line with Article 228, no payments to the former presidential advisers and their staff or offices have been approved since January 22, 2026, and that none will be approved going forward,” Mbagathi wrote.
Article 228 of the constitution mandates the Controller of Budget to oversee the implementation of national and county budgets by authorising withdrawals from public funds and ensuring their legality. The office is therefore central to enforcing public finance decisions, including court rulings.
The High Court ruled that the establishment and staffing of the presidential advisers’ offices lacked a clear constitutional or statutory basis. It found that the process bypassed the mandates of the Public Service Commission and the Salaries and Remuneration Commission.
The case listed 21 advisers as interested parties. They include David Ndii (chairman, Council of Economic Advisers), Monica Juma (national security), Jaoko Oburu (youth), Makau Mutua (constitutional affairs), Harriet Chiggai (women’s rights), Ali Mahat Somane (security), Abdi Guliye (livestock) and Dominic Menjo (food security).
Others are Sylvia Kang’ara (economy), Edward Kisiang’ani (economy), Joseph Boinnet (national security), Sylvester Kasuku (governance), Nancy Laibuni (economy), Kennedy Ogeto (legal), Augustine Cheruiyot (economy), Henry Kinyua (food security), Joe Ager (governance), Karisa Nzai (politics), Mohammed Hassan (economy), Steven Otieno (co-operatives) and Christopher Doye Nakuleu (politics).
Other presidential advisers not listed in the case include former Mbeere North MP Muriuki Njagagua (legislative affairs), former Treasury debt chief Haron Sirima (debt management), former Trade PS Alfred K’Ombudo (trade policy and commercial diplomacy) and Abdi Dubat (external engagements).
Combined, the advisers outnumber the 22 Cabinet secretaries provided for in the constitution.
President Ruto has previously defended the advisers, saying they drive his vision for the country.
“They have pushed the limits. They have done what many people don’t believe in,” he said during the signing of the Dongo Kundu Economic Zone lease agreement.
The judgment raised concerns about the use of public funds for the advisers’ offices, noting that their creation had significant budgetary implications that were not subjected to proper legal and institutional oversight.
This marks the latest in Katiba Institute’s efforts to enforce compliance with the ruling. On January 26, the lobby group returned to court with a contempt application, arguing that the advisers had continued to operate despite the judgment.
Katiba Institute said the Executive had ignored the ruling and that public funds were still being used to sustain offices declared unconstitutional. It accused Council of Economic Advisers chair Ndii and the President’s Women’s Rights Adviser Chiggai of wilfully disobeying court orders.
The group said it had written to the offices, drawn attention to the ruling and demanded compliance, but received no substantive response. It argued that the continued operational support amounted to deliberate disobedience of a court order.
Among the remedies sought was an order compelling the named officials to personally appear in court to explain why they should not be cited for contempt, as well as directions to immediately halt expenditure linked to the advisers’ offices.
However, lawyers representing the advisers persuaded the court to dismiss the contempt application. The court ruled that the high threshold required to establish contempt had not been met.
Despite that reprieve, the High Court on Tuesday dismissed an application seeking to stay the judgment on the presidential advisers.
Justice Bahati Mwamuye ruled that the court could not re-open a matter it had already considered and dismissed.
W
hile lawyers for the advisers have indicated they will appeal, some of the interested parties expressed pessimism.“We have a new legal battle ahead at the Court of Appeal. I am not very optimistic, but that may be the reason to soldier on, for jurisprudence and posterity. We are on our own and the odds are not good. Tough. Very tough,” Dr Kang’ara said.
Ndii, however, argued that the court did not challenge the President’s authority to create and staff positions, but faulted the Public Service Commission for failing to perform its role.
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