The High Court has struck down the appointment of 21 advisers to the President after finding that the positions were created and filled through an unconstitutional and unlawful process.
In the judgment, Justice Bahati Mwamuye held that the actions taken by the first and second respondents to establish the advisory offices violated the Constitution and applicable public service laws, rendering the appointments null and void.
“The process leading to the establishment of the advisory offices and the appointment of the office holders was unlawful and unconstitutional. Any appointments founded on such a flawed process cannot stand and are hereby quashed,” Justice Mwamuye ruled.
The judge issued orders cancelling the decision to create the advisory positions and appoint individuals to occupy them, effectively removing all 21 advisers from office with immediate effect.
He further issued a permanent injunction barring the respondents from paying or processing any salaries, allowances, or other benefits to the advisers.
“The respondents are permanently restrained from effecting or authorising any payments, remuneration, or benefits whatsoever to the said advisers,” the court ordered.
The case arose from a constitutional petition challenging the legality of the advisory offices. The petitioner argued that the positions were created without a clear legal framework, public participation, or compliance with established public service procedures, and that the appointments placed an unjustified burden on public finances.
In agreeing with the petitioner, Justice Mwamuye emphasised that public offices must be anchored in law and created through transparent and accountable processes.
“Public power must be exercised within the confines of the Constitution,” the judge said. “Where public funds are involved, the standards of legality, transparency, and accountability are even higher.”
Beyond nullifying the appointments, the court ordered a comprehensive audit of all offices established during the period under review to determine whether they comply with the Constitution, relevant statutes, and public service regulations.
“The audit is necessary to safeguard public resources and ensure adherence to constitutional principles in the creation of public offices,” Justice Mwamuye stated.
The respondents were directed to conduct and complete the audit and to file a progress report with the court within 120 days. Failure to comply, the judge warned, would attract further legal consequences.
