Wetang'ula Appeals High Court Ruling On Cabinet Constitutionality
News Updated: 09 July 2026 16:18 EAT
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National Assembly Speaker Moses Wetang'ula has moved to the Court of Appeal to challenge a High Court judgment that declared President William Ruto's Cabinet unconstitutional for failing to comply with the constitutional two-thirds gender rule. The appeal marks the latest legal battle over the composition of the Cabinet and the interpretation of constitutional provisions governing public appointments.
The appeal follows a decision by a three-judge bench of the High Court, which found that the Cabinet, as currently constituted, does not satisfy Article 27(8) of the Constitution requiring that no more than two-thirds of members of appointive public bodies be of the same gender. While the court found the Cabinet's composition unconstitutional, it declined to invalidate the appointment of Cabinet Secretaries or nullify decisions already made by the Cabinet.
Instead, the judges ordered President Ruto to reconstitute the Cabinet within 120 days to ensure compliance with the constitutional gender principle. The court held that the President, as the appointing authority, bears the constitutional responsibility of ensuring that appointments to the Cabinet meet the required gender balance.
The petition was filed by Katiba Institute together with 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 petitioners argued that the Cabinet formed following the 2024 reshuffle failed to meet the constitutional threshold on gender representation despite previous court decisions and public demands for compliance.
In his appeal, Wetang'ula argues that Parliament is dissatisfied with the High Court's interpretation of the Constitution and contends that the judges erred in finding the Cabinet unconstitutional. He is asking the Court of Appeal to overturn the judgment and set aside the orders requiring the President to reorganise the Cabinet.
The Speaker further argues that the High Court misapplied constitutional provisions relating to the appointment of Cabinet Secretaries and failed to properly consider the respective constitutional roles of Parliament and the Executive in the approval and appointment process. The appeal seeks a fresh interpretation of the constitutional requirements governing Cabinet appointments.
The High Court had nevertheless affirmed that the process used to appoint Cabinet Secretaries was lawful and constitutional. It also upheld the legality of the inclusion of opposition politicians in the Cabinet, stating that political affiliation was not among the issues before the court.
The judges maintained that the only constitutional defect identified was the Cabinet's failure to meet the gender threshold. They therefore allowed the Cabinet to continue functioning during the 120-day compliance period to avoid disrupting government operations.
Wetang'ula's appeal now places the matter before the Court of Appeal, which will determine whether the High Court correctly interpreted the Constitution and whether the President can be compelled to reconstitute the Cabinet solely to comply with the gender rule.
The outcome of the appeal is expected to have significant implications for future appointments to the Cabinet and other public offices, particularly regarding enforcement of the two-thirds gender principle contained in the Constitution.
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FELIX MAKONA
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