Wamuzi News Ke
President William Ruto is now at the center of a constitutional firestorm after controversially appointing Prof. Makau Mutua to a newly minted and unadvertised government post without public notice, without competition, and without legal transparency.
Two bold human rights crusaders, Eliud Karanja Matindi and Dr. Magare Gikenyi, have dropped a legal bombshell on State House, dragging Ruto to court over what they call a “blatant violation of the Constitution” in a petition filed before the High Court.
On April 30, 2025, President Ruto unveiled a new position Senior Advisor of Constitutional Affairs right inside the Executive Office of the President, and handpicked Prof. Mutua to take the seat. But here’s the kicker: no one was consulted, no public vetting occurred, and no job was advertised. Instead, the announcement was stealthily made via Ruto’s X account (formerly Twitter), with Mutua chiming in to confirm it on his own.
The shockwave? Activists argue the appointment was not only secretive but “unconstitutional, unlawful, and financially reckless.”
“This isn’t just about one appointment. This is about subverting the Constitution, mocking transparency, and rewarding political allies in the shadows!” Petitioners’ Legal Argument
The petition rips into the government’s silence on public participation a constitutional requirement and calls out the Public Service Commission (PSC) for allegedly enabling the bypass of standard hiring procedures. The petition also warns of the financial strain created by establishing such a high-ranking role without a single budgetary debate.
What’s even more explosive? Prof. Mutua, a staunch ally of opposition figure Raila Odinga and former spokesperson of Odinga’s 2022 presidential bid, is accused of knowingly accepting a role that never passed legal muster.
“Prof. Mutua accepted an office that doesn’t exist in law. The Constitution does not permit this kind of political favoritism,” the petition says.
The lawsuit names the Attorney General, Prof. Mutua, PSC, the Salaries and Remuneration Commission, and the Controller of Budget as key players in what the activists describe as a “coordinated failure of accountability.”
They claim that this role crafted out of thin air denied other qualified legal experts a fair shot, undermining meritocracy, transparency, and human dignity.
“This was not a job appointment. It was a political reward disguised as public service,” one activist told reporters.
Perhaps the most damning allegation? The President is accused of violating his own cost-cutting pledge, made in July 2024, where he vowed to slash government advisors by half. Instead, the petition states, he quietly added to the burden on taxpayers.
“The country cannot afford this. Salaries are ballooning, and Kenyans are paying the price while leadership grows fat in secrecy,” reads a fiery line in the petition.
The activists are now demanding that the High Court strike down the appointment, declare the role null and void, and force Prof. Mutua to return any taxpayer funds received while holding the disputed office.
And with Justice Chacha Mwita now set to preside over this political earthquake in the High Court at Milimani, all eyes are on the judiciary will they uphold the rule of law, or fold under pressure from the highest office in the land?
Stay tuned as we follow this explosive case that’s shaking the very foundations of power and accountability in Kenya.
