President William Ruto has suffered a major legal setback after a three-judge bench of the High Court declared the current Cabinet unconstitutional for failing to comply with the Constitution's two-thirds gender rule.
In a landmark ruling, the judges found that the Cabinet violates Article 27(8) of the Constitution, which requires that no more than two-thirds of members of appointive public bodies be of the same gender.
The court ordered President Ruto to reconstitute the Cabinet within 120 days to bring it into compliance with the constitutional requirement.
The case was brought by 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 petition challenged the legality of the Cabinet formed following the 2024 dismissals and subsequent appointments.
The bench, comprising Justices Eric Ogola, Jairus Ngaah, and Stephen Githinji, ruled that the Executive had failed to meet the constitutional threshold on gender representation despite multiple Cabinet appointments and reshuffles.
“The Cabinet, as constituted, fails the test of legality under Articles 152(1), 152(2) and Article 27(8) and is, therefore, invalid,” Justice Jairus Ngaah stated in the judgment.
The dispute stems from the political reorganisation that followed the nationwide anti-Finance Bill 2024 protests. After the demonstrations, President Ruto declined to sign the Finance Bill into law and, on July 11, 2024, dismissed nearly his entire Cabinet before unveiling new nominees in phases between July 2024 and April 2025.
Although Parliament approved most of the appointments, the petitioners argued that the new Cabinet still failed to meet constitutional requirements on gender balance, inclusivity, and diversity.
The petition also challenged the appointment of politicians from opposition parties into the Cabinet, arguing that the move lacked a clear constitutional or statutory framework under the Political Parties Act.
In the judgment, Justice Ngaah further held that appointing members of opposition political parties into government outside the existing legal framework is unconstitutional, saying it undermines the constitutional principles that govern Kenya's multiparty democracy.
The court's ruling now places fresh pressure on President Ruto to reorganise his Cabinet within the next four months, with any new appointments expected to prioritize compliance with the Constitution's gender requirements while balancing political considerations within the broad-based administration.