Justice Mwamuye ruled that the appointments, which include well-known figures such as David Ndii and Makau Mutua, were unconstitutional, illegal and procedurally flawed.
The first blunder, according to the judge, was the opaque manner in which the advisers were appointed. The court found that the President failed to involve the Public Service Commission and the Salaries and Remuneration Commission, bodies mandated by the Constitution to oversee public appointments and determine pay structures.
Justice Mwamuye noted that there was no evidence showing that PSC approved the creation of the advisory positions or that SRC was consulted on the salaries and benefits paid from public funds.
He said Kenyans were entitled to know the scope, duration and cost of such offices, as well as the gaps they were meant to fill.
The second mistake was the non-competitive nature of the appointments. The judge ruled that the 21 advisers were handpicked by the President without any open, transparent or competitive recruitment process.
This, he said, violated constitutional requirements on fairness, merit and accountability in public service appointments.
In his ruling, Justice Mwamuye stated that governance must be conducted openly and that citizens are not mere bystanders in the management of public affairs.
The court declared the creation of the offices unconstitutional and ordered that the advisers vacate their positions. The public service commission has also been ordered to immediately halt payment of salaries to the 21 advisors.
The Attorney General sought 30 days to appeal the decision. However, Mr Suyianka argued that the advisers would suffer no harm if they vacate office now.
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