A city advocate Lempaa Suyianka has moved to court in a bid to stop President William Ruto from appointing any more advisors to his government arguing that it is illegal.
In a case filed at the Milimani Law courts, Lempaa further wants the court to bar the state from paying salaries to the 21 advisors who are currently in office.
“Pending the hearing and determination of the petition, the 1st to 21st interested parties should be barred from receiving any salaries and allowances from the 2nd respondent,” reads the notice of motion.
He argues that there is no legal framework or regulations outlining how many advisors the President can appoint, creating a loophole that allows the head of state to flood the civil service with political appointees.
According to court papers, these individuals are brought on board without adherence to the values and principles governing public service thus wasting tax payers money.
“Since the Kenya Kwanza government assumed office after the 2022 General Elections, the President has appointed a parallel civil service that duplicates the functions of the official civil service,” Lempaa argues.
Lempaa further argues that these political appointees are drawing billions of shillings in salaries and allowances at the expense of taxpayers with illegal positions.
It is his assertion that the President has filled and created the advisory positions outside the three constitutionally recognized methods, rendering the offices null and void.
He also notes that there was no public notice or consultation regarding the creation of these offices, nor were citizens invited to give views on their viability meaning there was a general lack of transparency in the creation of, and recruitment into, these advisory offices.
Lempaa has named President Ruth as the first respondent in the said petition that is now in court.