NAIROBI, Kenya — The High Court has nullified the creation and appointment of 21 advisers to the President, ruling that the process used to establish the offices violated the Constitution.
In a judgment delivered by Justice Bahati Mwamuye, the court found that the actions taken by the first and second respondents to create the advisory positions and appoint office holders were unlawful, rendering all 21 appointments invalid.
The judge quashed the decision establishing the advisory offices, effectively removing the advisers from their roles with immediate effect.
“The process leading to the creation of the offices and the appointment of the advisers did not comply with constitutional and legal requirements,” the court ruled, declaring the positions null and void.
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Justice Mwamuye further issued a permanent injunction barring the respondents from processing or effecting any payments, salaries, or benefits to the affected advisers.
In a far-reaching directive, the court ordered a comprehensive audit of all offices established during the period under review to assess their compliance with the Constitution, applicable laws, and public service regulations.
The respondents were directed to conduct and conclude the audit and file a progress report within 120 days, setting the stage for further judicial oversight.
The ruling reinforces the requirement that the creation of public offices and appointments must strictly adhere to constitutional principles of legality, transparency, and accountability.
