The gavel has fallen with finality, and there is no exit strategy for the President’s inner circle. The High Court has summarily dismissed a desperate bid by 21 former advisers to President William Ruto to remain in office for six months, terming their application "misconceived" and legally baseless.

In a ruling that reinforces the supremacy of the Constitution over political expediency, Justice Bahati Mwamuye declined to grant the stay orders sought by the advisers. The group, which includes high-profile figures such as economist David Ndii and constitutional lawyer Makau Mutua, had argued that an immediate exit would disrupt government operations and that they needed time to facilitate a smooth handover. The court, however, was unmoved by these administrative pleas, prioritizing the rule of law.

Res Judicata: A Matter Already Settled

The dismissal was grounded in the legal doctrine of res judicata, which prevents parties from re-litigating a matter that has already been decided. Justice Mwamuye noted that the court had already declared these positions unconstitutional in its landmark ruling on January 22. Returning to the same court to ask for an extension to hold an illegal office was, in the judge's view, an exercise in futility. "I am satisfied, and I do hereby find and hold that the application is indeed res judicata," the judge ruled.

The advisers had support from powerful quarters. The Attorney General, the Public Service Commission (PSC), and the Salaries and Remuneration Commission (SRC) all backed the application, arguing that a vacuum in the advisory council would prejudice the President. However, the court maintained that one cannot claim prejudice from the nullification of an illegality.

• The Affected: The list reads like a Who's Who of the Kenya Kwanza strategy team: David Ndii (Economy), Makau Mutua (Constitutional Affairs), Monica Juma (National Security), and Harriet Chigai (Women’s Rights), among others.
• The Precedent: This ruling sends a chilling message to the Executive: the creation of public offices must be anchored strictly in law, not merely presidential fiat.

A Constitutional reckoning

This legal battle was initiated by the Katiba Institute, which successfully argued that the creation of these positions outside the framework of the Public Service Commission was a violation of the Constitution. The advisers' attempt to buy time—six months, to be precise—was seen by legal observers as a strategy to remain in power while crafting an appeal. By shutting this door, the High Court has effectively stripped the Presidency of its ad-hoc think tank.

As the 21 advisers pack their bags, the ruling stands as a stark reminder to the Executive. In the corridors of justice, administrative convenience will never trump constitutional fidelity. The "presidential prerogative" has found its limit.