The High Court of Kenya has declared the creation of offices for 21 advisers to the President unconstitutional, faulting the process used to establish the positions and appoint the office holders.
Delivering the ruling, Justice Bahati Mwamuye found that the actions leading to the establishment of the advisory offices by the respondents were unlawful, rendering the appointments of all 21 advisers null and void.
Court Orders
In its determination, the court issued several key directives:
- Quashing the decision to create the advisory positions and appoint individuals to them.
- Issuing a permanent injunction barring the respondents from effecting or processing any payments, salaries, or benefits to the 21 advisers.
- Directing a comprehensive audit of all offices established during the period in question to verify compliance with the Constitution, relevant laws, and public service regulations.
- Ordering respondents to complete the audit and file a progress report within 120 days.
Petitioners’ Challenge
The case was filed by Katiba Institute and lawyer Vincent Lampaa Suyiaka, who argued that the creation of the offices violated constitutional provisions and lacked proper legal foundation.
Request for Stay Declined
Following the judgment, respondents including a lawyer representing the Salaries and Remuneration Commission (SRC) requested a 30-day stay, citing the need for a transitional period to allow handovers and completion of assignments.
“It’s just a transitional period that they do the handover and any assignments that are undertaken, the petitioners stand not to suffer and harm,” they argued.
However, the petitioners objected, insisting that the judgment did not prevent handovers and that the advisers had been earning salaries in unconstitutional offices.
In a brief ruling, Justice Mwamuye declined the oral application for stay, affirming that the execution of the judgment would proceed immediately.
Implications
The ruling has significant implications for governance and accountability in Kenya. By invalidating the advisory positions, the court has reinforced constitutional safeguards against irregular appointments and underscored the importance of lawful processes in public service management.
The upcoming audit will be closely watched, as it could expose further irregularities in the establishment of government offices and set a precedent for stricter compliance with constitutional and regulatory frameworks.
