Katiba Institute seeks to hold Ndii, Chiggai in contempt of court after ruling on advisors
Katiba Institute filed an urgent contempt of court application against two presidential advisors for allegedly defying a High Court ruling that declared their offices unconstitutional.
The move comes just days after Justice Bahati Mwamuye nullified the appointment of 21 advisors to President William Ruto, citing violations of the Constitution and public service laws.
In an application certified as extremely urgent, the petitioner accuses David Ndii and Harriet Chiggai of openly disregarding the court’s orders and engaging in conduct that “scandalizes the judiciary.”
According to court documents, Chiggai allegedly attended a public function and posted about her official role on social media on January 23, one day after the court’s judgment.
Her tweet spoke of “coordinated collaboration across government,” which the petitioner argues is a direct violation of the ruling that invalidated her position.
Meanwhile, Ndii is accused of publishing a series of tweets that “threaten and intimidate the Judiciary and judicial officers.”
In one post, he referred to the court’s decision as a “Pyrrhic victory” and suggested that he and others would continue to advise the president informally as a “kitchen cabinet.”
Another tweet stated, “When law collides with politics, politics wins. Every time,” which the petitioner claims undermines judicial authority.
Ndii allegedly shared a news clipping about the 2017 shooting of Deputy Chief Justice Philomena Mwilu’s driver, accompanied by a cryptic comment about the “consequences” of challenging election results.
The petitioner described this as an “indirect threat to the judge’s life.”
“The statements made on the 1st Interested Party’s X account were not mere expressions of opinion or lawful criticism, but were aimed at discrediting the Judiciary, implying that the Court is susceptible to political manipulation, and in one instance, threatening the safety of a judicial officer,” read the court documents.
“Such conduct constitutes a serious affront to the authority of this Honourable Court and warrants immediate judicial intervention.”
The court had ruled on January 22 that the creation of the advisors’ offices bypassed the Public Service Commission and lacked transparency, ordering an immediate halt to their salaries and benefits.
An application for a stay of the judgment was dismissed the same day.
Katiba Institute through their lawyer Joshua Nyawa warned that without immediate intervention, “the authority of the Court and the integrity of the judicial process will be brought into disrepute.”
The group is seeking to have Ndii and Chiggai cited for contempt and punished accordingly.
“That the 1st and 5th Interested Parties be cited for contempt or be found to be in contempt of court for disobeying the orders made on 22 January 2026,” said Nyawa.