David Maraga Calls for Refund of Public Funds Spent on President Ruto's 'Unconstitutional' Advisers
Former Chief Justice David Maraga has strongly backed a recent High Court ruling and demanded the immediate refund of public funds paid to 21 presidential advisers whose positions were declared unconstitutional and nullified.
In a statement issued on January 23, 2026, Maraga welcomed the High Court decision by Justice Bahati Mwamuye, which quashed the creation of these advisory roles and barred any further payments or benefits to the individuals holding them. The court found that the appointments violated the Kenyan Constitution, relevant laws, and public service regulations.
“The President has repeatedly created unconstitutional offices, including CAS positions and presidential advisor roles. He has done this to reward allies while avoiding accountability when courts nullify them,” Maraga stated.
He further emphasized: “The invalidated advisor positions consumed substantial public funds, and it is only right for those payments to be refunded since the offices were illegal.”
The High Court ruling, stemming from a petition by the Katiba Institute and lawyer Vincent Lampaa Suyiaka, not only declared the positions null and void but also issued a permanent injunction against any remuneration and ordered a comprehensive audit of all offices established during the period. The audit must be completed within 120 days, with progress reports submitted to the court.
While no specific names of the affected advisers or exact figures for the funds spent were detailed in reports, Maraga's call adds significant weight to growing civil society demands for recovery of taxpayer money used on what the court deemed unlawful roles.
As a former head of the judiciary and a declared 2027 presidential aspirant, Maraga's intervention highlights ongoing tensions over executive overreach, public expenditure accountability, and adherence to constitutional principles in President Ruto's administration.
The development has sparked renewed debate on the use of public resources for advisory structures and the mechanisms for enforcing court orders on government spending. No immediate response from the presidency or State House has been reported on the refund demand.
