Presidential advisors numbering 21 who received their appointments from President William Ruto have initiated an urgent High Court application that seeks to delay the execution of a recent judgment that declared their offices unconstitutional for 180 days. The filing was submitted on January 28, 2026, just days after the High Court’s decisive ruling.
The advisors, via their lawyers Mansur Issa and Mohat Somane, contend that enforcing the January 22 judgment immediately would result in governmental chaos, which would halt ongoing programs while cutting off essential advisory resources during a critical political period.
The application seeks an ex parte hearing and certification of urgency, asking the court to grant a temporary stay on the judgment to allow for an appeal to the Court of Appeal without rendering the process meaningless.
The High Court discovered that the advisory offices were established and the 21 advisors were appointed through methods that did not follow either constitutional or statutory regulations. Justice Bahati Mwamuye ruled that the executive bypassed mandatory procedures, including required involvement of the Public Service Commission (PSC) and the Salaries and Remuneration Commission (SRC) in establishing public service positions—violations that rendered the advisory posts null and void.
The judgment prohibited the advisors from receiving any salaries or benefits while ordering an extensive audit of all executive offices established after 2022.
The advisors argue in their stay application that their removal would create an operational vacuum, which would affect national security, economic policy, intergovernmental coordination, and constitutional affairs. The plaintiffs need an immediate suspension of the judgment because they believe the government will face permanent operational disruptions, which will endanger its function and institutional knowledge.
The stay bid opponents argue that the High Court ruling established constitutional authority, which should not be delayed because it exists to bring accountability for executive appointments that were made outside of proper procedures.
The upcoming judicial conflict will proceed at a quick pace, according to legal analysts who predict that it will determine the power distribution between Kenya’s executive branch and its judiciary system as the nation approaches the 2027 General Election.
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