President William Ruto was on Wednesday sued afresh over the appointment of advisors.

Human rights organization, Katiba Institute, in its case filed before High Court judge Lawrence Mugambi, argued that the President has no role in directly hiring people to work in his office or government.

Katiba’s lawyer Joshua Malidzo told Justice Lawrence Mugambi that the president had embarked on an unconstitutional path.

“When a President embarks on a potholed constitutional journey meant to undermine the Constitution, he needs to be stopped in his tracks before any further damage to the Constitution,” argued Malidzo.

The lawyer further said that the President did not seek consent or concurrence from the Public Service Commission (PSC) and the Salaries and Remuneration Commission (SRC) before appointing the advisors.

“When a President acts as if the constitutional text is a mere suggestion, usurps the powers of constitutional commissions, creates unconstitutional offices, re-establishes a kitchen cabinet, rewards his loyal supporters with public offices, thereby duplicating roles, and imprudently uses public resources, he needs to be stopped and reminded of the constitutional truths,” argued Malidzo.

 He claimed that the number of advisors remained unknown adding that the President had expanded his government beyond the constitution capping through a back door.

He said that the roles assigned to the advisors were a duplication of tasks set out by the law to civil servants or government officers who are appointed within the law.

 He asserted that the law requires the cabinet secretaries and permanent secretaries are supposed to be technocrats and should be the ones to advise the president.

“ As such, the common citizenry is made to bear the costs of running these unconstitutional offices, which amounts to an imprudent use of resources. Advisors to the President will continue drawing unchecked and unknown salaries from the public coffers,” he said.

Katiba wants the court to find that the decision to create the offices of advisors was illegal for failure to consult the PSC.

 At the same time, the organization is seeking a declaration that SRC’s failure to give an advisory or input on how it earns from taxpayers was also illegal.

Katiba’s litigation manager Emily Kinama in her supporting affidavit said there was no public participation in the process. She argued that the offices were only created through executive orders or Gazette Notices and subsequently announced through social media or mainstream one.

“Most disappointing, the number of the so-called advisors is unknown and most alarming, the remuneration of the so-called advisors has not been disclosed,” said Kinama.

This is a second case of the advisors.

Lawyer Lempaa Suyianka sued Prof. Makau Mutua and Dr David Ndii, Moses Kuria, Edward Kisiang’ani, Monica Juma, Joseph Boinnet, Jaoko Oburu, Dr Silvester Okumu, Harriett Chiggai, Major (retired) Mahat Somane, Prof. Abdi Guliye, Dr Dominic Menjo, and  Dr Nancy Laibuni argued that the President had created the positions were illegally created and are being abused to shelve rejects and political rewards.

The case will be mentioned on June 25, 2025.