Petition filed challenging Prof. Makau Mutua’s appointment as Ruto advisor

Dr. Benjamin Magare Gikenyi and Eliud Matindi have filed a petition in court challenging the appointment of Prof. Makau Mutua as the President’s Senior Advisor on Constitutional Affairs.

The petitioners argue that the position of Senior Advisor on Constitutional Affairs within the Executive Office of the President is not established under the Constitution or any national legislation.

They are seeking to have the appointment quashed and want the court to compel Prof. Mutua to reimburse any public funds he has received in connection with the said role.

According to the petition, the appointment lacked a transparent, competitive, and merit-based process. As such, they argue, the President was not constitutionally authorized to appoint Prof. Mutua to the position.

"The President’s act of appointing the second respondent, as notified, is a contravention of the Constitution and is therefore invalid,"* court documents state.

It is their argument that Prof. Mutua was under a duty to decline the appointment since it was not granted after fair competition and merit.

Similarly, they argue that the President had no powers to determine that the Prof. Mutua met the requirements for appointment to that office.

"The 2nd respondent has, likewise, not demonstrated that he is the most suitable person to be appointed to that office. This could only be determined after a process of fair recruitment," reads the petition.

President Ruto appointed Prof. Mutua to the position on April 30, 2025, saying he boasts a plethora of knowledge on the Constitution as well as human rights.

Prof. Mutua served as Raila Odinga’s presidential campaign secretariat spokesperson ahead of the 2022 polls, and is a former Dean at SUNY Buffalo Law School.