Court Declares Ruto Cabinet Unconstitutional Over Gender Rule

President William Ruto Chairing Cabinet Meeting

President William Ruto must reorganise his Cabinet within the next 120 days after the High Court ruled that its current composition breaches the Constitution. The judges found that the Executive failed to satisfy the mandatory two-thirds gender requirement for appointive public offices.

Court Sets Deadline for Cabinet Changes

A three-judge bench comprising Justices Eric Ogola, Jairus Ngaah and Stephen Githinji delivered the landmark ruling on Tuesday. The judges declared that the current Cabinet cannot stand in its present form because it does not meet the constitutional standard on gender representation.

The court ordered the President to address the imbalance within four months. Failure to comply could expose the Executive to further legal challenges.

Rights Groups Won Constitutional Challenge

The case reached the High Court after several civil society organisations challenged the legality of the Cabinet. Katiba Institute, CREAW, Transparency International Kenya, CRAWN Trust and World March of Women-Kenya argued that the appointments ignored constitutional safeguards on equality and inclusion.

They maintained that repeated Cabinet appointments failed to correct the gender imbalance. The court agreed that the Constitution leaves no room for discretion on the two-thirds rule.

Judges Fault Executive on Constitutional Compliance

The bench held that constitutional requirements apply regardless of political circumstances or previous Cabinet reshuffles. Justice Jairus Ngaah stated that the current Cabinet does not satisfy the legal threshold set by the Constitution.

The judges therefore invalidated the existing Cabinet arrangement. They, however, suspended the effect of the declaration for 120 days to give the President time to comply.

Opposition Appointments Also Scrutinised

The petition also questioned the inclusion of politicians drawn from opposition parties into government. Justice Ngaah observed that such appointments require a proper legal framework to align with Kenya's constitutional system of multi-party democracy.

Even so, the court's central finding rested on the Cabinet's failure to comply with the gender principle. That issue ultimately formed the basis of the orders issued against the Executive.

Fresh Political Decisions Await Ruto

The ruling now forces President Ruto to make another round of Cabinet changes less than two years after restructuring his administration following the 2024 anti-Finance Bill protests. The next appointments will have to satisfy the constitutional gender threshold while preserving the government's political balance.

The decision also reinforces the judiciary's position that constitutional provisions on gender representation are mandatory and cannot be overlooked during appointments to public office.