Lobby group Katiba Institute has written to Controller of Budget Margaret Nyakang’o seeking confirmation that salaries for 21 presidential advisers found to have been illegally appointed have been stopped.
In a letter, Katiba Executive Director Nora Mbagathi said the request follows a court decision by Justice Bahati Mwamuye, who ruled that President William Ruto illegally appointed the advisers.
“In its judgment, the Court found that the establishment of the offices and the appointment of advisors were undertaken without a clear constitutional or statutory basis and in a manner that bypassed the mandates of the Public Service Commission and the Salaries and Remuneration Commission,” said Mbagathi.
“The judgment also addressed concerns about the use of public funds, noting that the creation of the offices had significant budgetary implications that were not subjected to proper legal and institutional oversight.”
Katiba is now seeking confirmation that no payments have been made to the advisers, their staff, or offices since January 22, when the judgment was delivered.
The letter comes a day after the 21 advisers, led by David Ndii, Makau Mutua, Monica Juma, Harriet Chigai, and Joseph Boinnet, went to court seeking permission to return to office for six months.
Others named in the case are Jaoko Oburu, Joe Ager, Karisa Nzai, Ali Mahat Somane, Abdi Guliye, Dominic Menjo, Sylvia Kangara, Edward Kisiang’ani, Sylvester Kasuku, Kennedy Ogeto, Augustine Cheruiyot, Henry Kinyua, Mohammed Hassan, Nancy Laibuni, Steven Otieno, and Christopher Doye Nakuleu.
The advisers said they wanted a six-month extension to prepare handover reports before exiting office. They filed the application under a certificate of urgency five days after the January 22 judgment.
Justice Mwamuye dismissed the request, ruling that it was res judicata. “I am satisfied, and I do hereby find and hold, that the 21 advisers’ application dated January 27, 2026, is indeed res judicata,” ruled the judge on Tuesday this week.
The advisers earned between Sh792,000 and Sh1 million a month, excluding allowances.
In the initial petition, Katiba argued that maintaining the advisers in office was costing taxpayers close to Sh1 billion annually.
Through lawyer Malidzo Nyawa, the lobby argued that the appointments were unconstitutional because the President failed to seek approval from the Public Service Commission and the Salaries and Remuneration Commission.
Another Katiba lawyer, Lempaa Suiyanka, argued that the positions were created to reward loyalists and political allies.
Attorney General Dorcas Oduor defended the appointments, saying they were made in line with the Constitution.
