The Katiba Institute has launched a blistering legal assault against the Executive’s top brass, filing a contempt of court application seeking to jail President Ruto’s Chief Economic Advisor David Ndii and Advisor on Women’s Rights Harriet Chigai. The lobby group accuses the duo of brazen impunity for remaining in office despite a High Court ruling declaring their positions unconstitutional.

This legal escalation follows a landmark judgment delivered earlier this month by the High Court, which quashed the creation of the office of the Chief Administrative Secretary (CAS) and several advisory roles, termed "unaccountable sinecures" by civil society. The court ordered the immediate vacating of these offices. Yet, weeks later, both Ndii and Chigai reportedly continue to discharge official duties, draw salaries, and utilize state privileges, a move Katiba Institute terms a "direct slap in the face of the Judiciary."

The Architecture of Impunity

"Court orders are not suggestions," argued Katiba Institute’s legal counsel in court papers filed under a certificate of urgency. "When senior state officers choose which laws to obey, they invite anarchy. The continued occupation of these abolished offices by Dr. Ndii and Ms. Chigai is not just an employment dispute; it is a subversion of the Constitution." The Institute is seeking a six-month custodial sentence for the two advisors to serve as a deterrent against executive overreach.

The case strikes at the heart of the "Imperial Presidency," a concept the 2010 Constitution sought to bury. Critics argue that by expanding the Executive with unvetted advisors who wield cabinet-level influence, the administration is bypassing parliamentary oversight. Ndii, the architect of the government’s "Bottom-Up" economic model, has been a lightning rod for criticism, often engaging in combative online spats while steering policy from a position the courts have now deemed illegal.

• The Cost of Defiance: The continued payment of salaries to officials in outlawed positions raises serious questions for the Controller of Budget and the Public Service Commission. Katiba Institute warns that any accounting officer authorizing these payments risks personal liability for the loss of public funds.
• A Test for Koome: The contempt application places Chief Justice Martha Koome in a delicate position. A ruling to jail the President’s closest aides would trigger a seismic clash between the Judiciary and the Executive, reminiscent of the 2017 nullification of the presidential election.

Silence from the Tower

State House has remained tight-lipped on the application. However, government insiders suggest the Attorney General is preparing a robust defense, likely arguing that a stay of execution is in place pending an appeal. But legal scholars note that no such stay has been publicly granted for these specific positions. As the file moves to the duty judge, the country watches to see if the "Sword of Justice" is sharp enough to pierce the shield of executive power.