In a catastrophic legal defeat for the Executive, the High Court has declared the offices of 21 Presidential Advisors unconstitutional, ordering the immediate cessation of their salaries and stripping them of all official privileges.

The landmark ruling by Justice Bahati Mwamuye does not just trim the President’s payroll; it fundamentally challenges the legality of the "shadow cabinet" that critics argue has been running the government. By nullifying these appointments, the Judiciary has drawn a hard line in the sand: administrative convenience cannot override the Constitution.

The "Shadow Cabinet" Dismantled

Justice Mwamuye’s judgment was scathing and unequivocal. He ruled that the creation of the offices—including the Council of Economic Advisors and the National Security Advisor—bypassed the Public Service Commission (PSC) and lacked statutory backing. The court noted that these roles, often filled by powerful political allies, duplicated the functions of Cabinet Secretaries and Principal Secretaries, creating a bloated, parallel bureaucracy that burdened the taxpayer.

"The power to establish public offices is not absolute," Mwamuye stated. "It is subject to the Constitution and the law. The respondents failed to demonstrate that the creation of these offices met the threshold of public participation or financial prudence."

The Financial Hemorrhage

The immediate implication is a freeze on the Treasury. The court has issued a permanent injunction restraining the Public Service Commission and the Salaries and Remuneration Commission (SRC) from facilitating any further remuneration to the 21 advisors. This includes:

• Salaries: Millions of shillings in monthly wages are now illegal payments.
• Perks: Official cars, security details, and office spaces must be surrendered.
• Allowances: Travel and sitting allowances are immediately cut off.

For a government struggling with a fiscal deficit and high debt repayment obligations, the ruling is a double-edged sword: a saving on the wage bill, but a political nightmare that leaves the President exposed without his key strategists.

A Constitutional Crisis?

State House is expected to appeal, but legal experts argue the damage is done. The ruling sets a precedent that could affect other "Chief Administrative Secretary" (CAS) style appointments. If the government ignores the order, it risks contempt of court proceedings, deepening the rift between the Executive and the Judiciary.

The nullified offices include high-profile portfolios such as the Women’s Rights Advisor and the Climate Change Advisor. Critics have long argued that these roles were patronage rewards for election losers rather than essential technical positions. Today, the High Court agreed.