The Public Service Commission (PSC) has been placed in the center of a constitutional storm after the High Court ordered it to immediately stop processing the salaries of President William Ruto’s 21 advisors, terming their employment "a fraud on the taxpayer."

The order by Justice Bahati Mwamuye effectively leaves the high-flying team of strategists penniless and creates a bureaucratic nightmare for the PSC, which must now enforce a court order against the very Head of State who appoints its commissioners. The ruling is not just a legal technicality; it is a direct financial sanction against executive overreach.

The Financial Fallout

The court declared that every shilling paid to the advisors—some of whom earn upwards of KES 800,000 monthly—was an "illegal charge" on the Consolidated Fund. This implies that the Controller of Budget cannot authorize the release of funds for their remuneration.

“The Public Service Commission is hereby prohibited from paying, facilitating, or processing any salary, allowance, or benefit to the interested parties,” the order reads. “Any accounting officer who authorizes such payment shall be held personally liable.”

• Recovery of Funds? While the order stops future payments, legal scholars are already debating whether the state should seek to recover the millions already paid out since the advisors took office. "If the office was illegal ab initio, then the money was earned illegally," argues lawyer Otiende Amollo. "In law, unjust enrichment must be restituted."
• The Advisors Dilemma: The 21 individuals, who include prominent economists and former politicians, are now in professional limbo. They hold offices that do not exist in law, cannot be paid, and technically cannot issue valid instructions to government ministries.

A Test of Independence

The spotlight now turns to the PSC Chairperson. Will the Commission obey the court order and risk the wrath of State House, or will it find a way to stall? The PSC had previously clashed with the Executive over the "State Corporations Act" executive order, which the court also nullified. This new ruling reinforces the PSC’s exclusive mandate to establish offices.

State House Spokesperson Hussein Mohamed has yet to issue a comprehensive statement, only noting that the government "respects the rule of law" but will appeal the decision. However, an appeal does not automatically reinstate the salaries unless a stay order is granted.

“This is a very clean ruling,” says governance expert Jane Wanjiru. “It hits where it hurts most—the wallet. It sends a message that you cannot create jobs for the boys and expect the taxpayer to foot the bill without questions.”