Two activists have filed a petition in court seeking to nullify the appointment of Professor Makau Mutua as President William Ruto’s Senior Advisor on Constitutional Affairs, arguing that the position is unconstitutional and lacks legal backing.
In the petition filed at the High Court, Dr. Benjamin Magare and Eliud Matindi claim that the office of the Senior Advisor on Constitutional Affairs is not provided for in the Constitution or any legislation, and therefore, the appointment is illegal and should be annulled.
The petitioners further want Prof. Mutua compelled to refund all public funds he has received in connection with the role, citing misuse of public resources for a non-existent office.
“The President’s act of appointing the 2nd Respondent is a contravention of the Constitution, hence invalid,” reads the petition.
They argue that President Ruto failed to subject the appointment to a transparent and competitive process as required under Chapter Six and Article 232 of the Constitution, which outline principles of public service and leadership.
“There was no advertisement, no interviews, and no vetting. In the absence of a fair and merit-based process, the appointment cannot stand,” the petitioners said.
Prof. Makau Mutua, a law scholar and former campaign advisor to Azimio leader Raila Odinga, was recently appointed by the President to advise on constitutional and legal reforms — a move that sparked mixed reactions across the political divide.
