High Court Declares President Ruto’s Cabinet Unconstitutional Over Gender Rule
President William Ruto has suffered a major legal setback after a three-judge bench of the High Court ruled that the current Cabinet is unconstitutional because it does not meet the two-thirds gender requirement set out in the Constitution.
In a landmark judgment, the judges found that the Cabinet’s current composition violates Article 27(8) of the Constitution, which clearly states that no more than two-thirds of members appointed to public bodies should be of the same gender.
The court ruled that this constitutional requirement is mandatory and cannot be ignored when forming the Cabinet.
As a result of the decision, the court ordered President Ruto to reorganize and reconstitute his Cabinet within the next 120 days, equivalent to four months, to ensure it fully complies with the constitutional gender balance requirement.
The case was brought before the High Court by Katiba Institute together with several civil society organizations, including the Centre for Rights Education and Awareness (CREAW), Transparency International Kenya, the Community Advocacy and Awareness Trust (CRAWN Trust), and the World March of Women-Kenya.
The organizations challenged the legality of the Cabinet that was formed after the major government reshuffle following the dismissal of Cabinet Secretaries in 2024.
The three-judge bench, made up of Justices Eric Ogola, Jairus Ngaah, and Stephen Githinji, carefully examined the appointments made by the President after the Cabinet was dissolved.
The judges concluded that despite several rounds of new appointments and Cabinet reshuffles, the Executive had still failed to achieve the constitutional standard for gender representation.
While delivering the judgment, Justice Jairus Ngaah stated that the Cabinet, as currently constituted, does not satisfy the constitutional requirements provided under Articles 152(1), 152(2), and Article 27(8). He declared that because these constitutional provisions had not been met, the Cabinet is legally invalid.
The dispute arose from the political events that followed the nationwide anti-Finance Bill 2024 protests. The demonstrations, which attracted widespread public participation across the country, placed significant pressure on the government.
In response to the unrest, President Ruto announced that he would not sign the Finance Bill 2024 into law and later dissolved almost his entire Cabinet on July 11, 2024, promising to restructure his administration and restore public confidence.
Following the dismissal of the Cabinet, the President gradually unveiled a new team of Cabinet nominees over several months.
The appointments were announced in different phases between July 2024 and April 2025, with Parliament approving the majority of those nominated to serve in various ministries.
However, civil society organizations maintained that the new Cabinet still failed to meet the constitutional standards required for gender equality, inclusivity, and diversity.
According to the petitioners, repeated appointments and reshuffles had not corrected the imbalance, leaving the Cabinet in violation of the Constitution.
The petition also challenged the inclusion of politicians drawn from opposition political parties in President Ruto’s Cabinet.
The organizations argued that bringing opposition leaders into government without a clear constitutional or legal framework was inconsistent with the Political Parties Act and raised concerns about the integrity of Kenya’s multi-party democratic system.
In his opinion, Justice Jairus Ngaah agreed that appointing members of opposition political parties into the Executive outside an established legal framework was unconstitutional.
He observed that such appointments undermine the constitutional principles that guide Kenya’s multi-party democracy and should only be done within the boundaries set by the law.
Even so, the court’s primary finding focused on the Cabinet’s failure to comply with the constitutional two-thirds gender principle.
The judges emphasized that this requirement is not optional but a mandatory constitutional obligation that every government must observe when making appointments to the Cabinet.
The High Court therefore declared that the current Cabinet is unconstitutional because it breaches the gender representation rule.
To allow the government sufficient time to correct the violation, the judges gave President Ruto 120 days to reorganize his Cabinet and ensure that future appointments fully comply with the Constitution.
The ruling now places fresh pressure on the President to carry out another Cabinet reshuffle within the court’s deadline. Any upcoming appointments will need to prioritize gender balance while also taking into account the political considerations surrounding his broad-based administration.
The decision is expected to shape future government appointments and reinforces the importance of adhering to constitutional principles when constituting public bodies in Kenya.
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