Nairobi — Katiba Institute has formally written to the Controller of Budget (COB), Dr. Margaret Nyakang'o, urging strict compliance with a High Court ruling that declared the offices of Presidential Advisors unconstitutional.
In a letter sent on behalf of the Institute, Executive Director Nora Mbagathi requested confirmation that no payments have been approved for former Presidential Advisors or their offices since the judgment delivered on January 22, 2026, and that no future payments be authorized.
The letter cites Article 228 of the Constitution, which mandates the Controller of Budget to ensure public funds are spent lawfully.
"The Court found that the establishment of these offices and the appointment of advisors were undertaken without a clear constitutional or statutory basis, bypassing the mandates of the Public Service Commission and the Salaries and Remuneration Commission," the letter noted.
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It also highlighted the significant budgetary implications of the appointments, which were not subjected to proper legal and institutional oversight.
The correspondence follows the High Court's dismissal of fresh applications seeking to suspend the earlier ruling.
Justice Bahati Mwamuye ruled that the new applications raised no new issues and were res judicata, meaning the matter had already been conclusively decided.
"The doctrine of res judicata prevents a matter from being endlessly litigated," Justice Mwamuye said, adding that the applicants had failed to demonstrate new evidence or likelihood of injustice that would justify a stay.
Procedural violations
During the proceedings, Katiba Institute, represented by lawyers Malidzo Nyawa and Joshua Malidzo, urged the court to dismiss the applications, arguing that the High Court lacked jurisdiction to re-open a matter it had already decided.
The respondents, comprising 21 former advisors, argued that a temporary stay was necessary to allow for handovers and maintain the functioning of the advisory offices.
They have indicated their intention to appeal to the Court of Appeal.
The High Court's original ruling, delivered on January 22, declared the creation and staffing of the advisory offices unlawful due to procedural and constitutional violations.
The case has fueled public debate on the limits of presidential power and executive appointments in Kenya, raising questions about oversight, transparency, and the use of public funds.
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Katiba Institute has requested the COB to respond within 14 days, signaling the organization's intent to ensure full enforcement of the court's judgment.
