Maraga calls for refund of Sh2.44b paid to Ruto's advisers

Former Chief Justice David Maraga has called on President William Ruto’s advisers to refund Sh2.44 billion in salaries and perks earned while in office, after a court ruled their appointments unconstitutional.

Maraga spoke after High Court Judge Bahati Mwamuye found that 21 advisers appointed by Ruto to help deliver his manifesto were illegally in office.

The judge ordered Attorney General Dorcas Oduor and the Salaries and Remuneration Commission (SRC) to immediately stop payment of their salaries.

“The invalidated advisor positions consumed substantial public funds, and it is only right for those payments to be refunded since the offices were illegal,” Maraga said, backing the court’s decision against what he described as unconstitutional presidential adviser positions under the Kenya Kwanza administration.

He faulted the president for repeatedly creating offices later nullified by courts, including the Chief Administrative Secretary and presidential adviser roles, which he said were used to reward political allies while avoiding accountability.

On Thursday,  Court also directed the PSC to conduct a 90-day audit of all offices created by presidents since the promulgation of the 2010 Constitution, verify whether they comply with the Constitution and the PSC Act, and abolish any found to be unconstitutional.

Justice Mwamuye also directed the Attorney General and the Public Service Commission (PSC) to file a progress report within 120 days.

Among the advisers named in the ruling are Prof Makau Mutua, David Ndii, Prof Edward Kisiang’ani, Monica Juma, Joseph Boinnet, Jaoko Oburu, Silvester Okumu, Harriette Chiggai, Maj. (Rtd) Mahat Somane, Prof Abdi Guliye, Dominic Menjo, and Nancy Laibuni.

Others include Kennedy Ogeto, Sylvia Kang’ara, Augustine Cheruiyot, Henry Kinyuai, and Joe Ager.

The court found that the Sh2.44 billion paid to the 21 advisers was disbursed without the involvement of the PSC, denying the commission an opportunity to assess whether the positions were necessary or fiscally sustainable.

Mwamuye said the administration failed to determine whether the advisers’ roles duplicated those of Cabinet secretaries, the attorney general, principal secretaries, ambassadors, or high commissioners. He added that the recruitment process was vague, opaque, and unconstitutional, despite claims that the advisers were meant to enhance government capacity.

He noted that Cabinet secretaries, principal secretaries, ambassadors, and high commissioners have clearly defined roles and are appointed through competitive processes, and said anyone appointed to advise the president should be subjected to similar scrutiny. “Specific individuals were simply named by the President’s Executive Office and thereafter appointed as fait accompli. This is precisely the handpicking or jobs-for-the-boys culture that Article 232 was designed to eliminate,” said the judge.

Mwamuye added that President Ruto should have consulted both the PSC and SRC to ensure public funds were spent responsibly.

The case was filed by Lempaa Suiyanka and the Katiba Institute.