High Court judge Bahati Mwamuye declared the creation of offices for 21 advisers to the President unconstitutional, faulting the process used to establish the positions and appoint the office holders.
The court found that the actions leading to the establishment of the advisory offices by the first and second respondents were unlawful, rendering the appointments of all 21 advisers null and void.
The judge issued orders quashing the decision to create the advisory positions and to appoint individuals to occupy the offices, effectively removing the advisers from their roles.
Further, the court issued a permanent injunction barring the respondents from effecting or processing any payments, salaries, or benefits to the 21 advisers.
The court also directed that a comprehensive audit be conducted on all offices established during the period in question to verify their compliance with the Constitution, relevant laws, and public service regulations.
Additionally, the respondents were ordered to conduct and complete the audit and file a progress report with the court within 120 days.
The case was filed by Katiba Institute and lawyer Vincent Lampaa Suyiaka, who challenged the creation of the said offices.
After the judgement the respondents, including the Salaries and Remuneration Commission (SRC) lawyer, asked for a stay of 30 days, saying that some officers will be required to hand over some reports.
“It’s just a transitional period that they do the handover and any assignments that are undertaken, the petitioners stand not to suffer and harm,” they said.
However, the petitioners objected, saying that the judgment does not prevent them from handing over and that they have been earning salaries in unconstitutional offices.
The judge declined to stay the execution of the judgement adding that the oral application for stay was declined.
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