Court of Appeal Temporarily Restores Ruto’s Advisory Council

The Court of Appeal has suspended a High Court ruling that declared President William Ruto’s Council of Advisors unconstitutional, allowing the 21-member team to continue serving while an appeal is heard.

The three-judge bench—Korir Weldon, Hedwig Ong’udi, and Samson Okong’o—ruled on Friday that removing the advisors at this stage could disrupt the operations of the presidency. The judges noted that the team was already engaged in public service when the High Court issued its earlier judgment and that concerns over potential duplication of roles should be addressed during the full appeal.

The suspension effectively overturns Justice Bahati Mwamuye’s previous decision, which had halted the payment of salaries and benefits to the advisors and deemed their appointments unconstitutional. With the injunction lifted, the advisors may resume their duties and receive entitlements, although it remains unclear whether back pay will be issued for the period when remuneration was frozen.

The case was brought by the Katiba Institute, which challenged the legality of the appointments. Advocate Joshua Malidzo, representing the institute, expressed concern that the court delivered the ruling without prior notice. The announcement was unexpected, as the court had previously indicated the judgment would be issued in late April.

Among the advisors are economist David Ndii, legal scholar Makau Mutua, former police chief Joseph Boinnet, and lawyer Kennedy Ogeto, who serve on the President’s Council of Economic Advisers. 

The Court of Appeal emphasised that the case involves issues of significant public interest and should be prioritised for hearing.