Katiba Institute has formally demanded that the Controller of Budget confirm that former Presidential Advisors and their offices have not received any payments following a High Court decision that ruled the positions illegal.
In a letter dated February 4, 2026, addressed to CoB Margaret Nyakang’o, the lobby group requested written confirmation that no salaries, allowances, or other funds have been approved since the court’s ruling on January 22. The group also stressed that no future payments should be authorised.
The institute has given the Controller of Budget 14 days to respond, warning that any disbursement of funds would be unconstitutional.
“I write to you today to draw your attention to the aforementioned judgment and to request that you confirm that, in line with Article 228, no payments to the former Presidential Advisors and their staff or offices have been approved since January 22, 2026 and shall also not be approved going forward,” Katiba Institute Executive Director Nora Mbagathi wrote.
“Please do respond at your earliest convenience, but no later than 14 days.”
The High Court ruling found that the creation and staffing of the Presidential Advisor offices lacked a legal foundation and violated the Constitution. The court said the appointments bypassed both the Public Service Commission and the Salaries and Remuneration Commission, raising concerns over oversight and budget misuse.
On Tuesday, the court rejected new applications seeking to suspend its previous decision. Justice Bahati Mwamuye said the issues raised had already been settled and could not be reconsidered.
“The doctrine of res judicata prevents a matter from being endlessly litigated,” Justice Mwamuye stated. He added that the arguments in the new applications were repetitive and did not demonstrate any risk of injustice.
During the hearing, Katiba Institute, represented by lawyer Malidzo Nyawa, asked the court to dismiss the applications, arguing that the court lacked jurisdiction to revisit matters it had already ruled on.
The respondents argued that a stay was needed to allow 21 officers to complete handovers and said they planned to appeal the decision.
“We want to go to the Court of Appeal since we’ve exhausted the High Court,” lawyer Issa Mansur said.
The offices struck down by the court include the President’s Council of Economic Advisors, Office of Food Security and Animal Production Advisor, Government Delivery Services, Office of the National Security Advisor, Office of the Women’s Rights Advisor and Office of the Council of Climate Change Advisor.
Other offices include the Office of Fiscal Affairs and Budget Policy, Office of the Economic Transformation, Advisor on Livestock and Rangeland Management, Senior Advisor of Constitutional Affairs, Senior Political Advisor, Special Advisor on youth economic empowerment and Office of the Senior Economic Advisor.
Prominent figures linked to these offices include David Ndii, Prof Makau Mutua, the late ODM leader Raila Odinga’s nephew Jaoko Oburu, former Solicitor General Kennedy Ogeto, and lawyer Harriet Chiggai.
Petitioners argued that the appointments expanded the Executive unnecessarily, undermining the reforms in the 2010 Constitution that limited the number of cabinet secretaries and principal secretaries, who are meant to advise the President as technocrats.
The court noted that President William Ruto bypassed the Public Service Commission’s mandatory advisory role under Article 132(4)(a) and did not comply with the conditions set out in the Public Service Commission Act and regulations.
