Former Chief Justice David Maraga has urged decisive action following the High Court’s ruling that the appointment of Presidential Advisors under President William Ruto’s administration was unconstitutional.
Maraga criticised the Executive for repeatedly creating parallel offices outside the constitutional framework, citing both Presidential Advisors and earlier Chief Administrative Secretary (CAS) roles as examples.
“The President has repeatedly created unconstitutional offices to reward allies while bypassing accountability,” he said.
The former Chief Justice highlighted the financial implications of the unlawful appointments.
He stressed that the advisor positions consumed substantial public funds and called for all payments made to the appointees to be refunded, emphasising that public money must be spent according to constitutional provisions.
The High Court, presided over by Justice Bahati Mwamuye, found that the Executive had violated several key legal requirements.
The court also issued a permanent injunction preventing payment of salaries and directed a full audit of all executive offices to ensure compliance with the law.
Maraga’s intervention comes amid growing concerns over executive overreach and the unchecked creation of positions that fall outside existing public service and constitutional frameworks.