Former Chief Justice David Maraga, the man who once nullified a presidential election, has come out of retirement with a new gavel. In a blistering demand that echoes across the political divide, he has ordered President William Ruto to refund the billions spent on 21 "unconstitutional" presidential advisers.

The "Grandfather of Integrity" has spoken, and his words are landing like mortar shells on State House. Following the High Court ruling by Justice Bahati Mwamuye that declared the positions of presidential advisers illegal, Maraga has stripped away the veneer of "governance" to reveal what he terms naked theft. This is not just a legal opinion; it is a moral indictment of an administration that promised to cut waste but has instead bloated the payroll with political cronies.

The Constitution is Not a Suggestion

"You cannot use public money to reward political failures," Maraga declared on X (formerly Twitter). The High Court found that the creation of these offices—which include advisers on everything from "women rights" to "climate change"—bypassed the Public Service Commission and Parliament. They were phantom offices, created by fiat, funded by the taxpayer.

Maraga draws a direct line between this extravagance and the crushing tax burden on the ordinary Kenyan. While the price of unga remains high and school fees skyrocket, the state is burning cash on salaries for individuals whose only qualification, in many cases, is loyalty to the party.

The CAS Parallel

This is a repeat of the Chief Administrative Secretaries (CAS) fiasco. The courts struck that down, yet the Executive persists in reinventing these positions under new names.

• The Cost: The salaries, allowances, cars, and security details for 21 high-level advisers run into hundreds of millions of shillings annually. Money that could have equipped hospitals or built classrooms.
• The Impunity: Ignoring the law to create jobs for the boys is a hallmark of the "big man" syndrome that the 2010 Constitution sought to cure.
• The Refund: Maraga’s demand for a surcharge is legally sound but politically explosive.It demands personal liability for public officers who authorize illegal spending.

The Ruto Dilemma

President Ruto is now cornered. If he ignores the court, he confirms the opposition’s narrative of dictatorship. If he complies, he alienates his key lieutenants who hold these plum jobs. Maraga, with the timing of a sniper, has exposed the soft underbelly of the Kenya Kwanza regime: the gap between their "Hustler" rhetoric and their elite spending.

The message is simple: The public purse is not a campaign chest. Refund the money, or face the wrath of a citizenry that is slowly waking up.