Former President William Ruto’s advisers suffered a major setback after the High Court rejected their second attempt to stay in office for six months to allow handovers.

Justice Bahati Mwamuye on Wednesday dismissed the January 27 application by 21 Presidential Advisors, ruling that their request was illegal and lacked constitutional backing.

“The court finds the application misconceived and outside the law. It cannot be entertained,” Justice Mwamuye said, emphasizing that public offices must operate within the limits of the Constitution.

The advisors had sought to challenge their sacking from the Presidency, arguing that their removal was unlawful.

However, the court found that their positions were not constitutionally or statutorily guaranteed, making their claim unsustainable.

The advisers including David Ndii, Monica Juma, Jaoko Oburu, and Harriet Chigai, argued that a stay would allow them to comply with the court’s orders, facilitate proper handover, and support their planned appeal.

The Attorney General and the Public Service Commission backed them, but the Katiba Institute opposed the application, citing res judicata.

Justice Mwamuye rejected their claims of “new arguments”:

“The same arguments canvassing appeal, structural interdict, prejudice, support for the President, handover, irreparable harm and prejudice, and the others are a rehash of what was covered extensively on 22/01/2026,” he ruled.

He warned against repeated applications to bypass unfavorable rulings.

“While the Party making an Application may change, if the substance of what is being sought and the grounds or arguments in the support of the same are identical, then the doctrine of res judicata bars that second attempt.”

The ruling emphasized finality in court proceedings:”Res Judicata is an important aspect of our legal order. It preserves scarce judicial time, promotes certainty and uniformity, and prevents a matter being caught up in an unending cycle of litigation.”

In a related ruling, the court dismissed contempt charges against Ndii and Chigai over social media posts after the January 22 judgment.

Justice Mwamuye said Ndii’s posts were “a mixture of his expression of dissatisfaction with the outcome… and a comment that, while somewhat distasteful, was an expression of his personal experience with respect to an incident that occurred in the year 2017.”

Chigai’s actions, the court found, had “two equally persuasive interpretations” and did not show she was continuing in a quashed role.

“Social media comments can have real-life negative consequences… Such comments must strike the balance between our constitutionally protected freedom to express our views… and the need to protect and promote the proper administration of justice,” the judge cautioned.

The dispute stems from a case filed by the Katiba Institute challenging the constitutionality of the Presidential Advisor offices.

The January 22 judgment quashed the positions, with advisers’ immediate oral stay applications rejected.

The new written application has now also been dismissed, leaving the judgment fully in force.

Advisers retain the right to appeal the substantive judgment to the Court of Appeal.

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In a ruling delivered by Justice Samwel Mohochi, the court made it clear that public entities may only hire external legal counsel with formal, express approval from the Attorney-General or relevant county authorities, where in-house legal officers exist.

“Until the respondents demonstrate that the engagement of external counsel is necessary, justified, and constitutes prudent use of public funds, the conservatory orders will remain in force,” Justice Mohochi said.

“This court will not lift the orders at this stage, pending full evidence from the Attorney-General, state corporations, and county governments of how they use prudent they use the resources.”

The ruling follows an attempt by over 100 lawyers led by LSK President Faith Odhiambo to have the orders vacated, arguing that outsourcing legal services is lawful and often necessary for complex matters requiring specialised expertise.

The judge, however, declined their application, noting that respondents had failed to provide sufficient material to justify the continued engagement of private advocates.

Under the court orders, effective January 12, 2026, no public entity shall procure, continue to procure, or engage private lawyers where in-house legal officers exist unless the engagement is formally approved and properly justified.

Similarly, no public officer may release or approve funds for external legal services without fully meeting the strict conditions set by the court.

For national government bodies, formal approval must come from the Attorney-General, while county governments are required to obtain approval from their County Executive Committees or a recommendation from the County Attorney, confirming that the engagement is necessary and that public funds are used prudently.

The court further clarified that any engagement of private lawyers must be supported by formal justification.

This includes detailing the nature of the case and the subject matter involved, the expected duration of the proceedings, the fee structure and overall financial implications, and a demonstration that the matter requires specialised expertise not available within the entity’s in-house legal team.

Justice Mohochi stressed that the orders do not affect ongoing legal matters or instructions given prior to January 12, 2026, which may proceed unaffected.

The ruling stems from a petition challenging what the court described as the runaway and routine outsourcing of legal services by public institutions, which the petitioners argue has wasted taxpayers’ and pensioners’ funds.

The petitioners, including Magare Gikenyi and Busia Senator Okiya Omtatah, contend that the practice violates Articles 1, 3, 10, 201(a) and (d), and 227(1) of the Constitution.

The court has scheduled the matter for inter partes hearing and further directions on January 30, 2026, when respondents are expected to present evidence justifying the engagement of private advocates.

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The ruling strikes at the heart of their 2027 electoral strategy, which hinged on combining UDA’s national machinery with ANC’s Western Kenya base under one political vehicle.

Justice Bahati Mwamuye declared the dissolution of the Alliance for National Change unconstitutional, ordering the immediate restoration of the party along with all assets and property already transferred to the United Democratic Alliance.

The judgment exposes critical flaws in how the merger was executed.

According to court documents, the meeting that approved ANC’s dissolution lacked proper constitutional authority.

Consumer Federation of Kenya Secretary General Stephen Mutoro, who challenged the process, argued he held legitimate claim to party leadership but was excluded from deliberations.

The timing compounds an existing headache for the coalition.

Since December, when Alur MP Joseph Denar passed away, officials have been paralyzed over which party list should guide his replacement.

Internal documents reviewed by this publication reveal intense behind-the-scenes wrangling between UDA and ANC camps over the nomination process.

ANC’s list positions diplomat Petronila Were as next in line, followed by former elections board chairman Salim Busaidy.

However, Were’s posting as deputy mission head in Addis Ababa complicates matters, making Busaidy the practical choice.

UDA pushed to use its own list before both sides reached a tentative agreement favoring ANC’s roster.

Yet legal uncertainty about implementation remained unresolved as Monday’s IEBC submission deadline passed.

“There’s genuine concern that nominating from ANC’s list will trigger court challenges,” explained a coalition insider who requested anonymity.

“And if Busaidy gets nominated, which party does he represent? We’re stuck in legal limbo.”

UDA has formally requested IEBC guidance on the matter.

Sources close to Parliament indicate the leadership may seek judicial interpretation if the electoral body fails to provide clear direction.

The court decision raises fundamental questions about coalition governance.

Lamu Governor Issa Timamy had been presented as ANC party leader during the merger ceremony, alongside UDA chairperson and Embu Governor Cecily Mbarire.

That process now stands invalidated, forcing both principals to reconsider their approach to Western Kenya politics ahead of the next general election.

Political analysts suggest three possible paths forward: attempting a properly constituted merger that meets legal standards, maintaining a traditional coalition agreement without full integration, or accepting a potentially divided Western region vote.

The ruling also energizes opposition voices within both parties who questioned the merger’s wisdom from the start.

Several ANC members had privately expressed concerns about losing their party’s distinct identity.

For Ruto, the setback comes amid broader coalition management challenges.

For Mudavadi, it raises questions about his influence in delivering Western Kenya as a consolidated bloc.

Both leaders have yet to comment publicly on the judgment or outline their next steps.

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In the urgent petition filed Before Milimani High Court, activist Francis Awino argues that Akech’s continued tenure at the helm of the NCA has been marked by regulatory failure, administrative maladministration, and a systematic disregard for public safety, particularly in Nairobi County where several buildings have collapsed or been flagged as unsafe.

The petitioner, who identifies himself as President of Vybe Tribe, a civil society movement, is seeking multiple declarations and orders, including a finding that Akech is unfit to hold public office.

“A declaration is sought that the Respondent, Maurice Akech, in his capacity as Executive Director of the National Construction Authority, has acted in a manner inconsistent with the Constitution of Kenya and is therefore unfit to hold public office,” the petition states.

The case centers on the collapse of a twelve-storey mixed-use building at Plot No. 209/5909/10, South C Ward, Lang’ata Sub-County, along Kiganjo Muhoho Avenue on January 2, 2026.

The collapse resulted in at least two individuals being trapped and one person injured during construction.

According to the petition, investigations and situational reports by Nairobi City County and NCA revealed that the building, developed and constructed by Abyan Consulting Limited, was non-compliant at the time of collapse.

The petitioner claims there was no evidence of approved structural plans, statutory inspections, geotechnical reports, or proper site supervision.

The activist alleges that Nairobi City County issued enforcement notices to the developer in May, July, and December 2025, highlighting numerous infractions, including non-compliance with approved plans, unsafe construction practices, and lack of statutory inspections.

“The Respondent NCA through its boss Akech failed to enforce these notices or take any remedial action, allowing continued illegal construction and placing the public at grave risk,” the petition reads.

Awino further alleges that despite architectural plans being approved for twelve floors in December 2023, additional floors were constructed without statutory approvals, in blatant violation of the Physical and Land Use Planning Act and relevant Nairobi City County by-laws.

The petition states that Akech, in his official capacity, acknowledged the non-compliance of the building in a public statement dated January 2, 2026, admitting that the project was registered on November 8, 2023, and was “non-compliant” at the time of collapse.

The activist wants the court to issue an order removing or suspending Akech from office, citing what he terms demonstrated incompetence, negligence, disregard for public safety, and failure to uphold integrity and accountability.

“The court does issue an interim order suspending the Respondent, Maurice Akech, from the office of Executive Director of the National Construction Authority pending the hearing and determination of the Application and Petition filed herein,” Awino seeks.

The petition also cites a pattern of structural failures in Nairobi, including incidents in Zimmerman in 2023 and Kahawa West in October 2024, attributing them to poor workmanship, substandard materials, and inadequate statutory oversight.

Among the reliefs sought, the petitioner wants the court to declare that Akech has violated Articles 10, 21, 23, 35, 47, 73, and 201 of the Constitution, relating to national values, public safety, administrative justice, leadership integrity, and public service principles.

The petition argues that Akech’s actions constitute breaches of the National Construction Authority Act, the Physical and Land Use Planning Act, NCA Regulations 2014, and Nairobi City County building by-laws.

The activist is asking the court to compel the NCA to immediately halt all ongoing construction projects in Nairobi County that lack approved structural plans, ensure mandatory inspections are conducted before work continues, and enforce sanctions against developers, contractors, and professionals who violate regulatory standards.

“A mandatory order is sought directing the Respondent to take immediate action to enforce compliance with building and construction regulations in respect of all non-compliant projects in Nairobi County,” the petition states.

The activist further argues that Akech’s alleged inaction despite repeated warnings amounts to abuse of office.

“The Respondent’s failure to act, in the face of repeated enforcement notices and known violations, constitutes administrative maladministration, gross negligence, and abuse of office,” the filing adds.

Additionally, Awino wants the court to order Akech to provide in court a full account of all enforcement actions taken or omitted regarding buildings in Nairobi County that were flagged for non-compliance between 2021 and 2026 within 14 days.

Awino further targets approvals involving Abyan Consulting Limited and other developers implicated in unsafe construction.

“A declaration is sought that any approval, registration, or licensing decisions made by the Respondent in relation to Abyan Consulting Limited, or any other developer involved in unsafe or non-compliant construction, are null and void to the extent that such decisions contributed to the endangerment of human life,” the petition states.

Finally, the activist wants the court to impose personal accountability, including recommendations for disciplinary action, deregistration, or referral to oversight bodies for professional negligence.

The case which is pending hearing and directions before Justice Chacha Mwita names the State Department of Public Works and Infrastructure and National Construction Authority as an interested parties.

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