The government has moved to defend President William Ruto’s recent appointment of presidential advisors, insisting the process was lawful and anchored in constitutional provisions.
In documents filed before the High Court, the Attorney General (AG), listed as the 1st Respondent, argued that the petition challenging the appointments lacks a reasonable cause of action and is based on a “fundamental misapprehension” of the Constitution and related statutes.
According to the AG, Article 132(4)(a) of the Constitution grants the President the authority to establish offices in the public service upon the recommendation of the Public Service Commission (PSC). The AG added that this power does not require parliamentary approval or public participation, provided the PSC guidelines are followed.
The AG also cited Regulation 27 of the Public Service Commission Regulations, 2020, which outlines the procedure for appointing advisors to the President, Deputy President, and Cabinet Secretaries. The AG maintained that all constitutional and procedural requirements were satisfied in making the appointments.
The Salaries and Remuneration Commission (SRC), which was also named in the suit, distanced itself from the matter, stating that the allegations raised do not relate to any of its functions or powers. The SRC added that since the petitioner did not seek any relief against it, its inclusion in the case lacked legal justification and should be struck out.
The petition was filed by the Katiba Institute, a constitutional advocacy group, which contends that the creation and filling of the advisory positions were done in secrecy and without clear legal authority. The group argues that the President cannot unilaterally establish and fill such offices without parliamentary oversight.
Katiba Institute is seeking a High Court order to nullify the appointments, terming them unconstitutional and procedurally flawed. The case is expected to test the scope of presidential discretion in creating public offices within Kenya’s constitutional framework.
