Court of Appeal Temporarily Reinstates President Ruto’s Advisors Pending Appeal
In a significant ruling delivered on Friday, March 13, 2026, the Court of Appeal of Kenya granted a stay of execution on a High Court judgment that had declared the creation of multiple advisory positions in the Office of the President unconstitutional.
The appellate court, comprising Justices Weldon Kipyegon Korir, Hedwig Imbosa Ong’udi, and Samson Odhiambo Okong’o, allowed President William Ruto’s advisors—referred to as the 3rd to 23rd respondents—to remain in office temporarily. This decision came after the government appealed the High Court’s earlier ruling from January 2026 by Judge Bahati Mwamuye, which nullified the appointments and deemed the offices unlawful.
The Court of Appeal determined that the intended appeal raises arguable issues worthy of full consideration and that failing to grant the stay could render the appeal nugatory if successful. Judges emphasized potential disruption to executive functions, administrative instability, and constitutional uncertainty if the advisors were immediately removed, especially since they were already performing duties without formal handovers having occurred. The court distinguished this case from a prior one involving Chief Administrative Secretaries, noting that immediate enforcement here could paralyze key government operations. It recommended prioritizing the substantive appeal hearing due to the matter’s public interest.
The stay order effectively reinstates the 21 advisors for now, pending the final determination of the appeal, with costs of the application to be decided at the end of the main case. This development provides temporary relief to the presidency amid ongoing debates over the legality and necessity of these high-level advisory roles, which have drawn scrutiny for potential duplication of functions and constitutional compliance.
