Advisors in Limbo: Why David Ndii is Fighting Justice Mwamuye’s Bombshell Ruling

The corridors of justice have become the epicenter of a high-stakes power struggle following a landmark ruling that sent shockwaves through State House. David Ndii, the Chairperson of the Presidential Council of Economic Advisors, has led 20 other high-ranking officials in filing an urgent application to halt the enforcement of a High Court judgment that declared their positions illegal. This legal maneuver comes just five days after Justice Bahati Mwamuye ordered the immediate cessation of their salaries and benefits, effectively dismantling a key pillar of the current administration’s advisory structure.

The advisors are seeking a Certificate of Urgency to stay the execution of the ruling for at least 180 days. Their legal team argues that an abrupt exit would cause irreparable disruption to government operations and policy implementation. Central to their appeal is the suspension of the order that froze their salaries, allowances, and perks, which the court had ruled were being paid out of public coffers without proper legal backing. The advisors contend that they were duly appointed and that the sudden termination violates their rights to fair administrative action.

The initial blow to the Executive followed a successful petition by the Katiba Institute, which challenged the legality of the 21 offices. Justice Mwamuye found that the establishment of these roles bypassed mandatory constitutional requirements, including public participation and a formal analysis of the financial impact on the taxpayer. The court noted that there were no records showing that the Public Service Commission (PSC) had followed due process in creating these specific advisory units, describing the appointments as an overreach of executive power.

The “Big 21” includes influential figures such as Monica Juma (National Security) and Makau Mutua. Beyond the loss of their offices, the advisors are facing a growing public outcry for the refund of billions in salaries already paid out. Legal experts and activists have pointed to the Sh1.1 billion annual wage bill for these offices as a sign of a “bloated” executive that ignores the country’s fiscal realities. As the case heads to the Court of Appeal, the outcome will likely set a major precedent for how the President can structure his advisory team moving forward.