Newly appointed senior adviser on constitutional affairs Prof. Makau Mutua with President William Ruto./FILE
A new petition challenging President William Ruto’s appointment of Prof. Makau Mutua as senior adviser on Constitutional Affairs has been filed.
Dr. Benjamin Magare Gikenyi and Eliud Matindi, who filed the petition, argue that the position does not exist under Kenya’s Constitution or any national law.
They are seeking to have the appointment annulled, claiming it lacks a legal foundation.
In their submission to the court, the petitioners argue that the appointment process failed to meet the required standards of transparency and merit.
“The President’s act of appointing the second respondent, as notified, is a contravention of the Constitution and is therefore invalid,” the court documents state.
The petitioners maintain that the position was not filled through an open recruitment process, and that Prof. Mutua was under an obligation to decline the role.
They further argue that without a competitive process, there is no way to determine if Prof. Mutua was the most suitable candidate.
“The 2nd respondent has, likewise, not demonstrated that he is the most suitable person to be appointed to that office. This could only be determined after a process of fair recruitment,” the petition reads.
President Ruto announced Prof. Mutua’s appointment on April 30, 2025, highlighting his extensive experience in constitutional law and human rights.
Prof. Mutua, a former Dean at SUNY Buffalo Law School, previously served as spokesperson for Raila Odinga’s presidential campaign secretariat during the 2022 general election.
The petition also calls for Prof. Mutua to refund any public funds received in connection with the role.
The case is now before the courts for determination.
