A three-judge bench of the High Court of Kenya has dealt President William Ruto a major legal setback after declaring that the current Cabinet violates the Constitution for failing to meet the two-thirds gender principle.
The judges ruled that the current composition of the Cabinet does not comply with 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 directed the President to reconstitute his Cabinet within four months (120 days) to ensure compliance.
The landmark judgment followed a petition filed by Katiba Institute, alongside 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, who challenged the legality of the Cabinet constituted after the 2024 dismissals and subsequent appointments.
The bench comprising Justices Eric Ogola, Jairus Ngaah and Stephen Githinji found that the Executive had failed to satisfy the constitutional threshold on gender representation despite several rounds of 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
The court battle stemmed from the political shake-up that followed the nationwide anti-Finance Bill 2024 protests and demonstrations. After the protests, President Ruto declined to assent to the Finance Bill and, on July 11, 2024, dismissed almost his entire Cabinet, promising to reorganise the government.
He subsequently unveiled new Cabinet nominees in several phases between July 2024 and April 2025, with Parliament approving most of the appointments.
However, civil society groups argued that the new Cabinet still failed to satisfy constitutional requirements on gender balance, inclusivity and diversity.
The petitioners also questioned the appointment of politicians drawn from opposition parties into Cabinet, arguing that the move lacked a proper constitutional or statutory framework under the Political Parties Act.
In his opinion, Justice Ngaah further stated that appointing members of opposition political parties into government outside the legal framework was unconstitutional, saying it offended the constitutional principles underpinning Kenya’s multi-party democracy.
The majority judgment, however, principally resulted in the declaration that the Cabinet’s composition breaches the Constitution because of its failure to comply with the mandatory two-thirds gender rule, giving the President 120 days to rectify the situation.
The ruling now places fresh pressure on President Ruto to undertake another Cabinet reorganisation, with any new appointments expected to prioritise gender compliance while also navigating political interests within his broad-based administration.
