NAIROBI, Kenya, January 22, 2026 — David Ndii, the Chairperson of the Presidential Council of Economic Advisors, has dismissed a High Court ruling that declared the offices of presidential advisors unconstitutional.
Reacting shortly after the judgment on Thursday, Ndii termed the decision a “pyrrhic victory”, arguing that President William Ruto can still receive advice informally.
According to Ndii, the ruling does not prevent him or other close allies of the President from continuing to offer guidance outside formal government structures.
“We don’t need state offices to advise the President. We supported him for two years on the road to victory,” Ndii said.
“We can do it as an informal kitchen cabinet over breakfast every morning.”
What the High Court Decided
The remarks followed a ruling by Justice Bahati Mwamuye at the Milimani Law Courts, which invalidated the creation of the advisors’ offices and nullified the appointment of 21 presidential advisors.
The court ruled that the positions had no legal foundation and were established without following constitutional and statutory procedures.
Justice Mwamuye said the appointments violated the 2010 Constitution, particularly by bypassing the Public Service Commission and ignoring fiscal oversight by the Salaries and Remuneration Commission.
Advisors’ Appointments Declared Void
As a result of the ruling, all 21 advisors were ordered to cease holding office immediately.
The judge stated that the process:
- Undermined the role of the Public Service Commission under Article 132(4)(a)
- Failed to meet the legal threshold for creating public offices under the Public Service Commission Act, 2017
- Violated principles of transparency, merit, and fair competition
Controversial Appointments
President Ruto appointed the advisors in May 2025, a move that quickly sparked public debate.
Among those appointed were:
- David Ndii
- Monica Juma
- Makau Mutua
- Jaoko Oburu, son of Siaya Senator Oburu Odinga
Critics argued the appointments expanded the executive at a time of fiscal pressure.
Katiba Institute Petition
The ruling stemmed from a petition filed by the Katiba Institute in 2025.
The organisation argued that the appointments were made without public participation and outside constitutional safeguards.
Following the judgment, Katiba Institute welcomed the decision, saying it reaffirmed constitutional accountability.
“Executive power must be exercised strictly in accordance with the Constitution,” the institute said, citing the need for transparency, fiscal responsibility, and public participation.
90-Day Audit Order
Justice Mwamuye also issued a 90-day directive to the Public Service Commission to conduct a comprehensive audit of all offices established within the Executive Office of the President.
The audit will assess whether existing offices comply with constitutional and legal requirements.
Possible Appeal
The court noted that Attorney General Dorcas Oduor retains the option of challenging the decision at the Court of Appeal.
Related
- High Court rulings shaping Ruto’s presidency
- Katiba Institute and constitutional litigation explained
- Inside State House power structures
