The Court of Appeal of Kenya has reinstated a team of advisors appointed by William Samoei Ruto pending the hearing and determination of an appeal challenging their appointments.
In a ruling delivered in Nairobi, the appellate court granted a stay of a previous decision by the High Court of Kenya that had nullified the creation of the advisory positions. The order allows the advisors to continue serving at the Office of the President of Kenya as the legal battle proceeds.
The High Court had earlier ruled that the establishment of the advisory offices and the appointment of more than 20 individuals were unconstitutional, arguing that the posts had been created without a clear legal framework and outside established public service procedures.
Following the judgment, the advisors were barred from performing their duties and the government was restrained from facilitating their operations, including payment of salaries and benefits.
Lawyers representing the government moved to the appellate court seeking to suspend the High Court decision, arguing that the immediate removal of the advisors would disrupt operations within the presidency and undermine policy coordination.
In granting the stay orders, the appellate judges said the intended appeal raised weighty legal questions that should be fully examined before the earlier ruling can take effect.
The court also noted that enforcing the High Court orders immediately could interfere with the smooth functioning of the presidency and the work of the advisory team.
Several prominent figures serve on the advisory council, including economist David Ndii, diplomat Monica Juma, and constitutional scholar Makau Mutua.
The legal challenge had been filed by civil society groups who argued that the advisory roles duplicated existing government structures and lacked transparency in their establishment.
The latest ruling means the advisors will remain in office temporarily as the appeal proceeds, with the final outcome expected once the appellate court hears the substantive case.
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