Former Chief Justice David Maraga has criticised President William Ruto over what he described as the continued creation of unconstitutional offices, following a High Court ruling that struck down the appointment of presidential advisors.
Maraga made the remarks on X on Friday, January 23, 2026, reacting to the court’s decision and raising concerns about the use of public money, accountability, and respect for the Constitution. His statement comes amid growing public debate over executive power, court rulings, and the cost of governance at a time when many Kenyans are facing economic strain.
In his statement, Maraga made it clear that he agrees with the High Court’s decision and views it as a necessary step in defending the Constitution and the rule of law.
“I support the High Court’s ruling against the Ruto regime’s unconstitutional presidential advisor positions,” the statement reads.
Maraga then turned his focus to what he said is a recurring pattern by the President, accusing the Executive of repeatedly creating offices that do not have a clear legal foundation under the Constitution.
“The President has repeatedly created unconstitutional offices, including CAS positions and presidential advisor roles,” the statement reads.
David Maraga’s post on X on Friday, January 23, 2026: PHOTO/Screengrab by People Daily Digital from @dkmaraga/X
The former Chief Justice went further to question the motive behind the creation of such positions, suggesting they are used as a political tool rather than for genuine public service. He argued that these offices are often set up to benefit allies and insiders.
“He has done this to reward allies while avoiding accountability when courts nullify them.”
Maraga also raised concerns about public spending, noting that the illegal offices were funded by taxpayers’ money. He said allowing such payments to stand would undermine accountability and weaken constitutional safeguards meant to protect public resources.
“The invalidated advisor positions consumed substantial public funds, and it is only right for those payments to be refunded since the offices were illegal,” Maraga wrote.
The High Court ruling at the centre of the debate found that the presidential advisor positions were created without a proper legal framework, making them unconstitutional. The decision has renewed scrutiny of how the Executive creates and fills offices, especially after similar rulings in the past that struck down the position of Chief Administrative Secretaries (CAS).
The former Chief Justice’s call for a refund of salaries paid to the illegal offices adds a new dimension to the debate, raising questions about whether individuals who benefited from the appointments could be required to return the money.
