Ruto Remains Unclear on Possible Cabinet Reshuffle as Court Deadline Nears

President William Ruto has remained unclear about whether he will reshuffle his Cabinet following a High Court ruling that found the current Cabinet unconstitutional over failure to meet the constitutional two-thirds gender rule.

The President gave his first public response to the issue during the Katiba Day celebrations held at the Kenyatta International Convention Centre (KICC) in Nairobi.

While speaking at the event, Ruto was asked by NTV journalist Eric Latif whether he planned to reorganise his Cabinet to comply with the court ruling and the Constitution.

However, instead of directly confirming whether a reshuffle was coming, the President appeared to avoid giving a clear answer. He referred to the wider challenge of implementing court decisions and suggested that some constitutional requirements may take time to be fully achieved.

“Just the same way the court has ruled that Parliament is not constitutional. That may not be achieved today, as it is a work in progress. Progressively, that is work in progress,” Ruto said.

The President appeared to compare the current situation to an earlier court decision made during the administration of former President Uhuru Kenyatta. At the time, the Judiciary directed that Parliament be dissolved because it had failed to meet the constitutional requirement on gender representation.

By making the comparison, Ruto appeared to suggest that implementing major constitutional and court directives can sometimes take time and may not necessarily happen immediately.

High Court Declared Ruto’s Cabinet Unconstitutional

The issue stems from a major High Court ruling delivered in July this year. A three-judge bench ruled that President Ruto’s Cabinet did not meet the constitutional requirement on gender representation.

The judges found that the composition of the Cabinet violated Article 27(8) of the Constitution, which requires that not more than two-thirds of members of appointive public bodies should be from the same gender.

The court therefore declared the Cabinet unconstitutional and directed President Ruto to reconstitute the team within 120 days.

The decision placed the President under pressure to make changes within a limited period. With the deadline now fast approaching, Ruto has about 42 days remaining to act on the court directive.

The ruling could force the President to rethink the composition of his Cabinet and possibly bring in more women to ensure that the government meets the constitutional threshold.

Court Case Challenged Cabinet Composition

The case was filed by several civil society organisations that questioned whether the Cabinet appointments made by the President complied with the Constitution.

Among the petitioners were Katiba Institute, 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 organisations challenged the legality of the Cabinet formed after the major Cabinet dismissals in 2024 and the appointments that followed.

The three-judge bench, which included Justices Eric Ogola, Jairus Ngaah and Stephen Githinji, concluded that the Executive had failed to meet the required gender balance despite making several appointments and changes to the Cabinet over time.

Justice Jairus Ngaah, while delivering the ruling, stated that the Cabinet as it had been constituted failed to meet the legal requirements under Articles 152(1), 152(2) and Article 27(8) of the Constitution.

According to the court, the Cabinet was therefore invalid because it did not satisfy the constitutional standards.

Cabinet Changes Could Affect Ruto’s Political Team

If President Ruto decides to fully comply with the ruling, the Cabinet could undergo significant changes.

Such a move could see some Cabinet Secretaries lose their positions while others could be retained or moved to different ministries. The President may also have to appoint additional women to achieve the required two-thirds gender balance.

The changes could have political consequences, especially because the country is already moving closer to the 2027 General Election.

A reshuffle at this stage could create competition among politicians seeking Cabinet positions and could also generate tension among members of the Kenya Kwanza coalition.

The situation could become even more sensitive because the current broad-based government includes members associated with the Orange Democratic Movement (ODM), following the political cooperation between President Ruto and the party.

Any decision on who remains in government and who is dropped could therefore affect the political relationships within the administration.

ODM Ready to Propose More Women

The possibility of a Cabinet reshuffle has already triggered political discussions, with ODM indicating that it is prepared to recommend qualified women for government positions.

ODM Acting Secretary General Catherine Omanyo said in July that the party had several capable women who could take up Cabinet Secretary positions if President Ruto decides to reorganise his Cabinet.

Her remarks came shortly after the High Court ruling and signalled that political parties could attempt to influence the possible changes.

With the court deadline drawing closer, attention is now turning to President Ruto and the action he will take.

For now, the President has not publicly confirmed whether he will carry out a major Cabinet reshuffle, make limited changes or find another way of addressing the court’s concerns.

However, the remaining 42 days mean that the matter is likely to become more urgent as the deadline approaches.

The decision could have far-reaching political and constitutional implications, particularly at a time when political parties and leaders are already preparing for the 2027 General Election.

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