High Court Orders Ruto To Reconstitute Cabinet Within 120 Days Over Gender Rule Breach
News Updated: 01 July 2026 10:56 EAT
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The High Court has ordered President William Ruto to reconstitute his Cabinet within 120 days after finding that its current composition fails to comply with the constitutional two-thirds gender principle.
In a judgment delivered by a three-judge bench, the court held that the Cabinet violates Article 27(8) of the Constitution, which requires that no appointive body should be composed of more than two-thirds of one gender.
The court determined that the current Cabinet structure falls short of the threshold, noting that women are underrepresented in key executive positions compared to their male counterparts.
Justice Eric Ogola, delivering the ruling, directed that future appointments must strictly adhere to gender balance requirements, emphasizing that constitutional compliance is mandatory and not optional.
The bench established that Cabinet membership for purposes of the ruling includes the President, Deputy President, Attorney General and Cabinet Secretaries under Article 152(1).
The judges excluded certain administrative offices from the calculation, clarifying that only constitutionally defined Cabinet members are subject to the gender rule assessment.
According to the court’s analysis, the current Cabinet consists of about 25 members, with women occupying approximately seven positions, translating to about 28 per cent representation.
The court noted that achieving compliance would require at least nine members of the underrepresented gender in a 25-member Cabinet to meet the constitutional two-thirds threshold.
The judges ruled that the assessment should be based on the Cabinet’s current composition at the time of judgment, rather than at the time the petition was filed.
The bench also dismissed arguments challenging the reappointment of former Cabinet Secretaries, stating that prior dismissal does not automatically bar individuals from future service.
It held that recycling of Cabinet Secretaries is not unconstitutional unless it violates specific provisions such as integrity standards under Chapter Six of the Constitution.
Justice Jairus Ngaah, alongside the bench, further observed that political reshuffles and reappointments remain within executive discretion, provided constitutional requirements are met.
The court also ruled that inclusion of opposition figures in government does not in itself breach the Constitution, as long as due appointment procedures are followed.
However, the judges cautioned that political inclusivity cannot override mandatory constitutional obligations, particularly those relating to gender equality.
The ruling now places the President under a constitutional obligation to restructure the Cabinet within four months, a decision that could trigger significant changes in the executive lineup.
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FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD