A decision by the Court of Appeal has allowed President William Ruto to retain his 21-member Council of Advisors for now, after judges temporarily stopped the implementation of an earlier High Court ruling that had declared their appointment unconstitutional.
The appellate court made the decision on Friday after the Office of the Attorney General asked for the suspension of the High Court orders while the government pursues an appeal.
The judges said removing the advisors immediately could interfere with the smooth running of the Office of the President since the officials were already performing public duties.
The earlier judgment had been issued by Bahati Mwamuye, who ruled on January 22 that the appointment of the advisors by the president did not meet constitutional requirements.
In that decision, the court also ordered the government to stop processing salaries and benefits for the advisors while the matter was still under legal challenge.
However, the Court of Appeal noted that the advisors had already begun their work by the time the High Court delivered its judgment.
According to the three-judge bench, stopping them from serving at this stage could disrupt the functioning of the presidency.
“The 3rd to 23rd respondents were already rendering services to the public by the time the impugned judgment was delivered. There is therefore a likelihood of disruption to the functions of the Office of the President should the application be declined,” the judges said in part of their ruling.
The bench also addressed arguments that allowing the advisors to continue working could result in duplication of roles within government.
The judges said that issue would be examined during the full hearing of the appeal and should not determine the temporary decision on whether the advisors remain in office.
With the Court of Appeal’s order, the earlier injunction blocking payment of salaries and benefits has been lifted. This means the advisors can continue performing their duties and receive their entitlements while the appeal process moves forward.
It remains uncertain whether the advisors will receive backdated pay for the period when the High Court order had frozen their compensation. The case challenging their appointment had been filed by the Katiba Institute, a civil society group that often pursues constitutional litigation.
Some lawyers involved in the case expressed concern about how the ruling was delivered. Advocate Joshua Malidzo, who represented Katiba Institute in the matter, said their legal team had not been notified that the decision would be issued on Friday.
According to him, the court had earlier indicated that the ruling would be delivered on April 24, 2026, making the earlier announcement unexpected for the lawyers involved in the case.
The decision allows several members of the advisory council, including David Ndii, Makau Mutua, Joe Ager, Jaoko Oburu, Kennedy Ogeto, and Joseph Boinnet, to remain in their positions until the court fully determines the government’s appeal.
The judges who made the ruling Weldon Korir, Hedwig Ong’udi, and Samson Okong’o also directed that the appeal be handled on a priority basis because the issues raised are of significant public interest.
