In a landmark ruling with significant implications for Kenya’s governance structure, the High Court has declared the formation of the Presidential Advisory Committee (PAC), a key team appointed by President William Ruto, to be unconstitutional, null, and void.
The judgment, delivered by a three-judge bench, found that the legal framework used to establish the 50-member committee bypassed critical constitutional and statutory requirements. The bench, comprising Justices Lawrence Mugambi, Chacha Mwita, and Christine Meoli, asserted that the creation of the committee amounted to an unlawful establishment of a public office.
“The mandate assigned to the team, including the authority to advise on national policy and oversee government projects, essentially created a parallel and competing center of power,” Justice Mugambi stated while reading the verdict. “This infringes upon the constitutional functions of duly established ministries and state offices.”
The committee, which was inaugurated in October 2023 and comprised individuals from various professional backgrounds, was tasked with providing advisory services to the President on economic, governance, and social issues. However, petitioners, including activists and civil society organizations, argued that its formation violated the Fair Administrative Action Act, the Public Finance Management Act, and the Constitution itself.
The court agreed, highlighting two major flaws:
- Illegal Creation of Office: The court found that the committee members were effectively holding public office without a lawful basis, as its creation did not follow proper legislative process or constitutional channels.
- Unlawful Expenditure: The judges ruled that the use of public funds to facilitate the committee’s operations—including allowances, salaries, and logistical support—was illegal and a breach of public finance management laws.
“The expenditure of public funds pursuant to an unlawful entity or office is itself unlawful,” the judgment read.
The ruling responds directly to a petition challenging the team’s legality. Reacting to the verdict, one of the petitioners hailed the decision as “a victory for the Constitution and for accountable governance.”
“The court has affirmed that no one, not even the President, is above the law. State organs must be established through proper legal channels,” the petitioner stated.
As of now, there has been no immediate official statement from State House or the Office of the Attorney General regarding the nullification or a potential appeal. Legal experts anticipate that the government may seek a stay of the ruling and file an appeal at the Court of Appeal.
