Katiba Institute has formally written to the Office of the Controller of Budget seeking confirmation that no public funds have been paid to former Presidential Advisors.
In a letter dated 4 February 2026, the civil society cited a judgment delivered on 22 January 2026 that ruled the offices unconstitutional.
“I write on behalf of the Katiba Institute, of which I am the Executive Director, to your attention the decision of the High Court delivered on 22 January 2026, declaring the creation and staffing of the offices of Advisors to the President unconstitutional,” read the letter.
Among the presidential advisors are David Ndii, Makau Mutua, and Joseph Boinett
Katiba Institute Seeks Confirmation on Presidential Advisors’ Payment
The institute, in its letter, requests confirmation from the controller of budget that no payment to the former presidential advisor has been approved since January 22 and will not be approved in the future.
“I write to you today to draw your attention to the aforementioned judgment and to request that you confirm that, in line with Article 228, no payments to the former Presidential Advisors and their staff or offices have been approved since 22 January 2026 and shall also not be approved going forward,” stated the institute.
The civil society also requested that the controller of the budget respond to them within 14 days.
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High Court Declares Advisors’ Offices Unconstitutional
Katiba Institute first moved to court in May 2025, filing a constitutional petition challenging what it termed the President’s unilateral creation and staffing of more than 20 advisory offices without proper legal authority.
The institute argued that the appointments bypassed constitutional safeguards, undermined institutional checks and balances, and imposed an unjustified financial burden on taxpayers.
In its judgment delivered on Thursday, January 22, 2026, Justice Bahati Mwamuye declared the appointments null and void from the outset, stating that they had no legal effect. The ruling further quashed all decisions connected to the establishment of the offices and the subsequent appointments.
Justice Mwamuye held that the process through which the offices were created and filled failed to comply with constitutional and statutory requirements governing public appointments, including oversight by the Public Service Commission.
“A Declaration be and is hereby issued that the appointments of the 21 Interested Parties to the said unconstitutional offices were and are null and void ab initio pursuant to Article 2(4) of the Constitution.”
President Ruto’s advisors
Since assuming office in September 2022, President William Ruto has significantly expanded the Executive Office of the President by appointing more than 21 publicly known advisors across various sectors.
Also Read: High Court Declares Offices of Ruto Advisors Unconstitutional
The appointments, many made in late 2024 and early 2025, brought on board legal experts, economists, political allies, and former senior state officials.
The council is chaired by economist David Ndii, appointed in October 2022, and includes figures such as former Trade Cabinet Secretary Moses Kuria, who later resigned; former Principal Secretary Edward Kisiang’ani; Augustine Cheruiyot; Nancy Laibuni; and Mohammed Hassan.
The advisory structure also extends into governance, legal affairs, and national security. Senior appointments included Kennedy Ogeto as Senior Legal Advisor, Prof. Makau Mutua as Senior Advisor of Constitutional Affairs, and Silvester Kasuku, Joe Ager, and Adams Oloo in governance and strategy roles.
Security-related appointments included former Defence Cabinet Secretary Monica Juma, former Inspector General of Police Joseph Boinnet, and Ali Mahat Somane, alongside advisors focused on women’s rights, economic empowerment, and the creative economy. In April 2025, Jaoko Oburu was appointed as Special Advisor on Economic Empowerment.
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