Attorney General (AG) Justin Muturi has defended President William Ruto’s appointment of new advisors, telling the court that the move was constitutional and within the powers of the Presidency.
In court documents filed as the first respondent in a petition by Katiba Institute, the AG described the case as “misconceived, speculative, and legally unsustainable.” The constitutional lobby group had filed the suit in May 2025, arguing that the appointments were made secretly and without proper legal authority. The group sought to have the appointments nullified, insisting that the President could not unilaterally create or fill public offices without parliamentary approval or clear legal backing.
However, the AG countered this position by citing Article 132(4)(a) of the Constitution, which empowers the President to establish offices within the public service based on recommendations from the Public Service Commission (PSC). Muturi emphasized that this provision does not require parliamentary approval or public participation, as the appointments fall under internal executive functions.
“The appointment of advisors is an internal administrative process within the Executive Office of the President and does not trigger the obligation for public participation,” the AG stated.
He further referenced Regulation 27 of the Public Service Commission Regulations, 2020, which outlines the legal framework for appointing advisors to the President, Deputy President, and Cabinet Secretaries. The AG insisted that all necessary procedures were followed and that the petition was an overreach into executive functions.
The Salaries and Remuneration Commission (SRC) also opposed Katiba Institute’s petition, maintaining that it had no involvement or constitutional role in the appointment process.
“The allegations raised in the petition do not implicate any function or power vested in the 3rd Respondent,” SRC’s response read.
The case now awaits a court ruling on whether the President’s appointments adhered to the constitutional and administrative requirements.
