Kenya: COA Declines to Halt Unconstitutional Ruling On Ruto Advisory Offices

26 February 2026

Nairobi — The Court of Appeal has declined to suspend a High Court judgment that declared the creation and staffing of advisory offices in President William Ruto's office unconstitutional, dealing a blow to the Executive's attempt to shield the appointments pending appeal.

The appellate court dismissed an application filed by the Attorney General seeking an interim stay of execution of the High Court's decision.

In its brief ruling, the judges said they would not grant temporary orders halting enforcement of the judgment while awaiting a full determination of the appeal.

The High Court decision, delivered on January 22, 2026 by Justice Bahati Mwamuye, found that the establishment of more than 20 advisory offices within the Executive Office of the President violated constitutional requirements, including public participation, separation of powers and oversight by independent commissions.

The court declared the offices and appointments null and void from the outset and barred further payments to those affected.

The petition had been filed by Katiba Institute, which argued that the appointments bypassed the Public Service Commission and the Salaries and Remuneration Commission and lacked meaningful public participation.

With the Court of Appeal declining to grant interim relief, the High Court orders remain in force as the appeal proceeds, with a final ruling expected later this year.

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