President William Ruto has received a major boost after the Court of Appeal on Friday temporarily suspended a High Court decision that had ordered the removal of his 21-member Council of Advisors.
The appellate court ruled that dismissing the President’s advisors at this stage could disrupt the operations of his office, following an appeal filed by the Office of the Attorney General (AG). This ruling effectively sets aside the High Court’s earlier decision, which had declared the appointments unconstitutional, until the AG’s appeal is heard and determined.
“The 3rd to 23rd respondents (President’s advisors) 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,” read part of the Court of Appeal ruling delivered by a three-judge bench.
The court added:
“Regarding the submission that allowing the advisors to continue serving would result in duplication of roles, we are of the opinion that this is an issue that should be determined during the substantive appeal. In the circumstances, we are satisfied that the applicant has met the threshold required for the orders sought.”
Previously, on January 22, Justice Bahati Mwamuye had issued an injunction preventing the government from processing any salaries or benefits to the appointed advisors. With the Court of Appeal’s decision, that injunction is no longer in effect, allowing the Council of Advisors to continue serving, receiving entitlements, and engaging the President and the broad-based government on various matters.
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It remains unclear, however, whether the salaries of the affected appointees will be backdated, as the High Court had earlier ordered a freeze on their pay following a case filed by the Katiba Institute.
Following the ruling, lawyers involved in the case expressed concern over the timing of the decision. Advocate Joshua Malidzo, representing the Katiba Institute, stated:
“The last time we were in court, we were informed that the ruling would be delivered on April 24, 2026. I am therefore surprised that it was delivered today, as we did not receive any notice of the delivery of the ruling or the ruling itself.”
The decision allows key advisers such as economist David Ndii, Makau Mutua, Joe Ager, Jaoko Oburu, Kennedy Ogeto, and Joseph Boinnet, among other members of the President’s Council of Economic Advisers, to remain in office pending the final determination of the government’s appeal.
The three-judge bench — Justice Korir Weldon, Lady Justice Hedwig Ong’udi, and Justice Samson Okong’o — also ruled that, given the significant public interest raised by the intended appeal, it should be heard on a priority basis.
