NAIROBI, Kenya — Former Chief Justice Emeritus David Maraga has publicly backed a High Court ruling that invalidated several presidential advisor positions, sharply criticizing the executive for what he described as repeated creation of unconstitutional offices to reward political allies.
In a statement shared on social media on Thursday, Maraga said the ruling was consistent with the Constitution and long-standing court decisions that have previously struck down similar appointments, including the now-nullified Chief Administrative Secretary (CAS) positions.
“I support the High Court’s ruling against the Ruto regime’s unconstitutional presidential advisor positions,” Maraga said. “The President has repeatedly created unconstitutional offices, including CAS positions and presidential advisor roles.”
Maraga accused the executive of deliberately recreating offices previously nullified by the courts, arguing that the strategy allows the President to reward allies while avoiding direct accountability when the positions are later declared illegal.
“He has done this to reward allies while avoiding accountability when courts nullify them,” he said.
The former Chief Justice further argued that public funds spent on the invalidated positions should be recovered, noting that the offices had no constitutional or legal basis.
“The invalidated advisor positions consumed substantial public funds and it is only right for those payments to be refunded since the offices were illegal,” Maraga said.
Maraga, who served as Chief Justice from 2016 to 2021, has remained an influential voice on constitutional governance and the rule of law. His comments are likely to intensify pressure on the executive to comply strictly with court rulings and constitutional limits on presidential power.
As the government weighs its response to the High Court decision, the ruling is expected to shape future litigation and policy debates on executive appointments, public spending, and accountability under Kenya’s constitutional order.
The case also reinforces the judiciary’s central role in policing constitutional boundaries, at a time when tensions between the courts and the executive continue to feature prominently in Kenya’s governance landscape.
