NAIROBI, Kenya—Jan 24, 2026—Former Chief Justice and presidential candidate David Maraga has welcomed a High Court decision that ordered the removal of 21 presidential advisors, describing it as a victory for constitutional governance and accountability in public appointments.
Maraga’s remarks came a day after Presidential Economic Advisor David Ndii argued that the ruling does not prevent individuals from advising the President, insisting that such counsel can still be offered outside formal public service.
“I can still advise the President without being a public servant. I can in fact do it over a cup of tea,” Ndii said, downplaying the impact of the judgment on advisory roles within the presidency.
On Thursday, the High Court ruled that the appointment and continued service of the 21 advisors was unconstitutional, finding that the positions lacked a legal framework, parliamentary approval, and clear terms of engagement as required under public service laws.
The court held that the advisors were effectively occupying public office and drawing benefits without proper legal authority, warning that public funds cannot be used to sustain offices created outside the Constitution.
Maraga said the ruling sends a clear message to the executive that public offices must be established strictly within the law and subjected to oversight.
Legal experts note that while the judgment bars the existence of the advisory roles as formal public offices, it does not stop the President from seeking informal advice, provided such arrangements do not involve public resources or confer official authority.
The decision has reignited debate over executive power, the expanding size of government, and efforts to contain the public wage bill at a time of mounting economic pressure.
Among the affected are Karisa Nzai (Political Advisor), Harriette Chiggai (Advisor on Women’s Rights), Jaoko Oburu (Special Advisor on Youth Economic Empowerment), David Ndii (Chair of the President’s Council of Economic Advisors) and Dr Monica Juma (National Security Advisor).
