Maraga demands refund of public funds paid to President Ruto's 'illegal' advisers

Former Chief Justice David Maraga has welcomed a High Court ruling that declared the creation of 21 presidential adviser positions unconstitutional, accusing President William Ruto of repeatedly establishing illegal offices to reward political allies while sidestepping accountability.

In a statement shared on Friday, Maraga said he supports the court’s decision against what he termed as unconstitutional presidential adviser roles under the Ruto administration.

He accused the President of making a habit of creating offices that do not exist in law, citing past attempts that courts later nullified.

“I support the High Court's ruling against the Ruto regime's unconstitutional presidential advisor positions,” Maraga said.

“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.”

According to Maraga, such positions are deliberately used as political rewards, with no regard for legality or public accountability.

The 2027 presidential aspirant further argued that public funds spent on the now-invalidated advisory offices must be recovered.

“The invalidated advisor positions consumed substantial public funds, and it is only right for those payments to be refunded since the offices were illegal,” Maraga said.

The High Court on Thursday faulted the process used to establish the offices for 21 advisers to the President and to appoint individuals to occupy them.

In the ruling delivered by High Court Judge Bahati Mwamuye, the court found that the actions leading to the establishment of the advisory offices by the respondents were unlawful, rendering all the appointments null and void.

The judge issued orders quashing the decision to create the advisory positions and appoint the advisers, effectively removing them from office.

Further, the court issued a permanent injunction barring the respondents from effecting or processing any payments, salaries or benefits to the 21 advisers.

Justice Mwamuye also directed that a comprehensive audit be conducted on all offices established during the period in question to assess their compliance with the Constitution, relevant laws and public service regulations.

The respondents were ordered to complete the audit and file a progress report with the court within 120 days.

The case had been filed by Katiba Institute and lawyer Vincent Lampaa Suyiaka, who challenged the legality of the advisory offices.