President William Ruto has suffered a major legal setback after the High Court declared his Cabinet unconstitutional for failing to comply with the two-thirds gender principle. The court ordered the President to reconstitute the Cabinet within 120 days to meet the constitutional requirement.
A three-judge bench comprising Justices Eric Ogola, Jairus Ngaah and Stephen Githinji ruled that the current Cabinet violates Article 27(8) of the Constitution. The provision bars appointive public bodies from having more than two-thirds of members from the same gender.
The judges found that the Cabinet’s current composition falls short of the constitutional threshold despite several appointments and reshuffles. They directed President Ruto to reorganise the Cabinet within four months.
“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 ruled.
Petition Challenged Cabinet Composition
The ruling followed a petition filed by Katiba Institute alongside the Centre for Rights Education and Awareness (CREAW), Transparency International Kenya, Community Advocacy and Awareness Trust (CRAWN Trust) and World March of Women-Kenya. The organisations challenged the legality of the Cabinet formed after the 2024 dismissals and subsequent appointments.
The petitioners argued that the Executive failed to meet constitutional requirements on gender balance, inclusivity and diversity. They also questioned the appointment of opposition politicians into Cabinet.
Justice Ngaah held that appointing members of opposition political parties into government outside the existing legal framework violates the Constitution. He said the practice undermines the principles governing Kenya’s multi-party democracy.
However, the majority judgment focused on the Cabinet’s failure to satisfy the mandatory gender rule. The court declared the current Cabinet unconstitutional on that basis.
Cabinet Shake-Up Followed Gen Z Protests
The case arose after President Ruto dissolved almost his entire Cabinet on July 11, 2024, following nationwide anti-Finance Bill protests. He later unveiled new Cabinet nominees in several phases between July 2024 and April 2025.
Parliament approved most of the nominees before they assumed office. Civil society organisations, however, maintained that the appointments still failed to satisfy constitutional gender requirements.
The judgment now places fresh pressure on President Ruto to reorganise his Cabinet within the court’s deadline. Any new appointments will need to comply with the two-thirds gender rule while balancing the political interests of his broad-based administration.
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