Court temporarily reinstates Ruto’s advisors pending appeal
By Zipporah Ngwatu, March 14, 2026The Court of Appeal has temporarily reinstated President William Ruto’s advisors back in office pending the hearing and determination of an appeal challenging the High Court judgment that rendered them jobless.
On January 27, 2026, Milimani High Court Judge Bahati Mwamuye, in his ruling, declared that Makau Mutua, David Ndii and 19 others were in their offices unconstitutionally, rendering the appointments null and void.
Aggrieved by the ruling, the advisors, through a notice of motion filed at the Constitutional Court, sought orders halting the implementation of the judgment until their application is heard and determined.
However, Justice Mwamuye declined to issue any orders and dismissed the application on February 3, 2026, stating that the court’s judgment was clear and provided lawful alternatives that exist and other aspects with respect to the quashed offices.
The advisors then moved to the Court of Appeal seeking an order suspending the declaration of unconstitutionality of the creation of the office of presidential advisors pending the hearing and determination of their application and the intended appeal.
Further, they sought an order staying the judgment and orders issued by Justice Bahati Mwamuye on January 22, 2026, in High Court Constitutional Petition No. E 317 of 2025, pending the hearing and determination of their application and the intended appeal.
Court of Appeal Judges Weldon Kipyegon Korir, Hedwig Imbosa Ong’udi and Samson Odhiambo Okong’o, on Friday, March 13, 2026, ruled that the appellants (21 advisors) have satisfied the two limbs required for the grant of the orders sought.
The judges have stayed the execution of the earlier judgment, giving the advisors a temporary reprieve and a chance to continue with their work.
“An order is therefore issued staying the execution of the impugned judgment pending the hearing and determination of the intended appeal,” the judges ruled.
Further, the three-judge bench has also recommended to the President of the Court of Appeal to ensure the intended appeal is heard on a priority basis, stating that it raises issues of public interest.
On January 22, 2026, Judge Mwamuye ruled that President Ruto, in creating the various offices, failed to act on a valid and independent recommendation of the Public Service Commission (PSC), as required under Article 132(4)(a) of the Constitution.
He noted that the head of state did not comply with Regulation 27 of the PSC Regulations, 2020, particularly the requirement for the PSC to determine the number of advisers needed.