Maraga Backs Court Nullification of Presidential Advisers, Calls for Recovery of Public Funds

Kenya, January 23 2026 - Former Chief Justice David Maraga has welcomed a High Court ruling that struck down the appointment of 21 presidential advisers, saying taxpayers should not bear the cost of offices later found to be unlawful.

In a decision delivered on Thursday, High Court Judge Bahati Mwamuye declared the appointments null and void, faulting the process for breaching constitutional requirements and public service laws. The judge also issued a permanent order stopping the payment of salaries and benefits to the advisers with immediate effect.

Reacting to the ruling, Maraga said the judgment reinforced long-standing concerns about the creation of public offices without a clear legal foundation. He argued that where courts determine such offices to be unconstitutional, any public money spent should be recovered in line with the law.

“The positions were invalid, yet they consumed significant public resources. It is only right that such expenditure be addressed once the offices are declared illegal,” Maraga said.

The court found that the President failed to comply with Article 132(4)(a) of the Constitution, which requires the establishment of public offices to be guided by recommendations from the Public Service Commission (PSC). Judge Mwamuye also noted that the Salaries and Remuneration Commission (SRC) was not consulted on the financial implications of the appointments.

According to the judgment, the process violated the principles of transparency, merit and accountability under Article 232, and amounted to an imprudent use of public funds contrary to Article 201(d) of the Constitution.

As a result, all 21 advisers were ordered to vacate office, with the court ruling that their appointments did not meet the legal thresholds set out in the Public Service Commission Act of 2017.