David Ndii, chairperson of the Presidential Council of Economic Advisors, has downplayed a High Court ruling declaring the offices of President William Ruto's advisors unconstitutional. He described the decision as a pyrrhic victory, insisting that advisors can continue offering guidance informally without state offices. The court nullified the appointments of 21 individuals and all related decisions.
On Wednesday, January 22, 2026, High Court Justice Bahati Mwamuye ruled that the creation of offices for presidential advisors and the appointment of 21 individuals to those positions were unconstitutional. The court stated the positions lacked legal basis and nullified all appointments, noting they were made without consulting the Salaries and Remuneration Commission (SRC). The process also violated the 2010 Constitution by bypassing the Public Service Commission's recommendatory role.
"The process violated the express letter and undermined the spirit of the 2010 Constitution by bypassing the substantive, independent recommendatory role of the Public Service Commission," Justice Mwamuye said. "Failing to comply with the mandatory conditions for establishing public offices under Sections 27 and 30 of the Public Service Commission Act, 2017," he added.
David Ndii, appointed chairperson of the Presidential Council of Economic Advisors on October 14, 2022, alongside members Mohammed Hassan and Nancy Laibuni, criticized the ruling on Thursday. "Pyrrhic victory. We don’t need state offices to advise the President. We supported him for two years on the road to victory. We can do it as an informal kitchen cabinet over breakfast every morning," Ndii said.
Ndii emphasized that advisors had informally guided President Ruto even before he took office and could continue without formal structures. Since assuming power, Ruto has appointed several advisors to support his Bottom-Up Economic Transformation Agenda. As of this month, the total number of Ruto's advisors is estimated at more than 21.
The court's decision may impact how the government establishes public offices, but Ndii insists advisory roles will persist outside formal frameworks.
