‪Lawyer Files Case Seeking Removal of Ruto’s Advisors‬, Demands Salary Refunds

A Nairobi-based lawyer has filed a lawsuit challenging the legality of President William Ruto’s extensive network of advisers, demanding they return millions of shillings in salaries and allowances to the public treasury.

Suyianka Lempaa, filing under a certificate of urgency, argues that the establishment of advisory positions occupied by dozens of presidential advisers violates constitutional provisions and existing laws governing public service appointments.

The legal challenge targets 14 high-profile advisers, including constitutional law expert Prof Makau Mutua, former Treasury Cabinet Secretary Henry Rotich, economist David Ndii who chairs the Council of Economic Advisers, and national security adviser Dr Monica Juma.

Other named respondents include Moses Kuria, Prof Edward Kisiangani, Joseph Boinnet, and several other senior advisers across various portfolios.

Lempaa contends that the advisory positions were created without following proper constitutional procedures, particularly the requirement for Public Service Commission recommendations.

He argues that the absence of specific laws regulating the number of presidential advisers does not give the president unlimited authority to expand the executive structure.

“The inundation of the Public Service with advisors violates the prudent use of public money,” Lempaa stated in court documents.

“The President and members of the national executive have created many offices and filled those positions unconstitutionally.”

The lawyer claims that many functions performed by the advisers could be handled by existing civil servants within relevant government departments, making the positions redundant and wasteful.

Central to the lawsuit is the argument that the appointments violated fundamental principles of public service recruitment.

Lempaa maintains that no competitive process was conducted to assess the merit of appointees, and that constitutional requirements regarding gender balance and disability inclusion were ignored.

“Since the Kenya Kwanza government took over after the 2022 General Elections, the president has appointed a parallel civil service that is duplicative of the functions of the civil service,” the petition reads.

The legal challenge comes amid public concern over the cost of maintaining an expanded advisory structure.

Previous reports indicated that taxpayers face a Sh1.1 billion annual bill for the president’s top advisers, raising questions about fiscal responsibility during challenging economic times.

Lempaa is seeking comprehensive relief from the court, including orders compelling all named advisers to refund salaries and benefits received since their appointments.

He also wants the Public Service Commission to conduct a 60-day audit to identify all offices created outside constitutional and legal frameworks.

As the case awaits hearing, Lempaa has requested an interim order preventing further advisory appointments until the matter is resolved.

The petition argues that continued appointments without legal foundation would exacerbate the constitutional violations and increase the financial burden on taxpayers.

The case highlights ongoing tensions between executive prerogatives and constitutional governance in Kenya, where public spending and adherence to legal procedures remain contentious issues.

The lawsuit is currently pending before Justice Chacha Mwita, with hearing directions expected to be issued soon.