The Public Service Commission (PSC) is in the midst of a constitutional crisis following a High Court ruling ordering the immediate freeze of salaries for 21 advisors appointed by President William Ruto. The court declared the payments illegal, accusing the advisors’ employment of being a “fraud on the taxpayer.”
The Court’s Order
Justice Bahati Mwamuye’s ruling has left the PSC in a precarious position, tasked with enforcing the order against a sitting Head of State who appoints its commissioners. The directive to halt all salary payments to the advisors, many of whom receive over KES 800,000 per month, is a direct challenge to the executive’s authority, raising the stakes for the PSC in its clash with the government.
The court’s decision labeled every penny paid to the advisors as an “illegal charge” on the Consolidated Fund. This move also means that the Controller of Budget is prohibited from authorizing further payments. The ruling also warns that any accounting officer authorizing payments will be held personally accountable.
Financial Fallout and the Advisors’ Dilemma
While the freeze applies only to future payments, the question now arises over the funds already disbursed to the advisors. Legal experts, including lawyer Otiende Amollo, are debating whether the government should attempt to recover the millions paid out since the advisors assumed their roles. Amollo argues that if the office was deemed illegal from the outset, the funds must be returned as part of unjust enrichment law.
The 21 advisors, a mix of economists and former politicians, are now facing a professional limbo. Their offices, deemed non-existent in law, are unable to operate legally, and they have no right to issue directives to government ministries. This leaves them without both authority and pay.
The PSC’s next move is under intense scrutiny. As tensions rise between the judiciary and the executive, the PSC will have to navigate the political minefield of enforcing the order while balancing the pressures from State House. Although government spokesperson Hussein Mohamed has confirmed that the government “respects the rule of law,” the administration has signaled plans to appeal the decision. However, any appeal would need a stay order to reinstate the salaries, meaning the freeze remains in effect for now.
Governance expert Jane Wanjiru describes the ruling as a “clean” blow to the executive, asserting that it sends a strong message against creating positions that burden taxpayers. “It hits where it hurts most—the wallet,” she said, emphasizing the symbolic importance of the decision.
