Katiba Institute sues President Ruto over 'unconstitutional' creation of advisory posts
The lobby wants the High Court to nullify the appointments, arguing that the President lacks constitutional authority to unilaterally create and fill these offices without parliamentary approval or clear legal provisions.
Katiba Institute has filed a lawsuit against President William Ruto, challenging the legality of his creation and appointment of new presidential advisers, which the lobby group claims was done secretly and without proper legal authority.
The lobby wants the High Court to nullify the appointments, arguing that the President lacks constitutional authority to unilaterally create and fill these offices without parliamentary approval or clear legal provisions.
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In a constitutional petition filed before the Milimani High Court in Nairobi, the institute is challenging what it terms the unconstitutional establishment of more than 20 advisory posts in the Office of the President.
According to the petition, the President’s decision to appoint advisers outside established legal channels and without transparent public disclosure violates key constitutional tenets regarding public office creation, structure, and remuneration.
The petition lists the State Law Office, the Salaries and Remuneration Commission (SRC), and one other party as respondents in the matter.
The petition argues that these roles were created and staffed “unilaterally” by the President without a legal framework or proper consultation.
Parliament's oversight
Katiba Institute contends that such actions not only undermine the Constitution but also bypass the oversight role of Parliament.
The matter was placed before Justice Lawrence Mugambi, who on Wednesday directed that the application and petition be served either physically or through substituted service by publishing in a newspaper with national circulation within seven days, and that proof of service be filed in court.
He further ordered that responses to both the petition and the application be filed within 14 days from the date of service, with any rejoinder, if necessary, to be submitted within seven days after receiving the responses.
“That the application and petition be served physically or by substituted in a newspaper with national circulation within 7 days and a return of service be filed. That the responses to both Petition and Application be filed within 14 days from the date of service,” Justice Mugambi said.
The matter is set for mention on June 25, 2026 for further directions.
Penal notice
In addition, Justice Mugambi issued a penal notice, cautioning that any disobedience or failure to observe the court’s order would attract penal consequences for the individuals involved.
Public concerns have continued to mount over the growing number of advisors appointed by President Ruto.
Despite earlier promises to slash the number of presidential advisers by half, their ranks have nearly doubled instead.
From approximately seven advisors at the start of his term, the number has now ballooned to about 17 in just over 10 months, with several new appointments made under the broad-based exchange programme.
Katiba Institute, a governance and constitutional watchdog, maintains that the President’s move to appoint the advisors without transparency and legal foundation violates the principle of rule of law and public accountability enshrined in the Constitution.
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