Judiciary clarifies early delivery of Court of Appeal ruling on Ruto’s advisors

Judiciary Spokesperson Paul Ndemo/ JUDICIARY X

The Judiciary has clarified the circumstances surrounding the early delivery of the Court of Appeal ruling, which relates to the stay of execution of the High Court judgment that had declared the appointment of Presidential Advisors unconstitutional.

The clarification comes in response to public speculation and reactions on social media, particularly from the Katiba Institute.

According to a statement issued by the Judiciary, the Court of Appeal had heard the Attorney General’s application for a stay of the High Court ruling on February 23, 2026.

At the close of the hearing, a three-judge bench indicated that it would retire to consider the application and deliver its ruling on April 24, 2026, or earlier on notice.

"Upon considering the application, the bench was able to reach a decision earlier than the initially indicated date," the statement said, through Spokesperson Paul Ndemo.

Ndemo further explained that on March 12, 2026, the Registrar of the Court of Appeal emailed a Notice of Delivery of Ruling to counsel representing all parties in the case.

The notice, Ndemo said, clearly stated that the ruling would be delivered on Friday, March 13, 2026 via email.

"In accordance with that notice, on Friday, 13th March 2026 at 12:56 p.m., the Registrar of the Court of Appeal transmitted the duly delivered ruling to counsel on record for the parties through email," the statement further read.

The Judiciary emphasised that both the Notice of Delivery of Ruling and the ruling itself were sent to the same email addresses previously used to circulate hearing notices and virtual participation links for the February 23 hearing, which all parties had attended without raising any complaints.

The early delivery of the ruling had prompted the Katiba Institute to post a statement on social media expressing surprise at the decision.

The Institute said it had learned of the decision to reinstate the President's advisors via social media.

"We have learnt from social media that the Court of Appeal appears to have stayed the High Court Judgment that had declared the Office of Advisors to the President and the subsequent staffing unconstitutional," they posted on Friday.

The statement described the development as “a shock” and noted that they had yet to receive a copy of the ruling directly from the Court of Appeal.

In its clarification, the Judiciary reassured the public and parties that the ruling had been delivered according to standard procedures and that all counsel had received it through the verified email addresses used in previous communications.

The spokesperson emphasised that this mode of delivery is consistent with the Judiciary’s efforts to modernise court operations, improve accessibility, and ensure that rulings reach the concerned parties promptly.