The High Court has declared President William Ruto's Cabinet unconstitutional for failing to comply with the Constitution's two-thirds gender rule, ordering the Head of State to reconstitute it within 120 days.
In a landmark judgment delivered by a three-judge bench, the court found that the current Cabinet does not satisfy the constitutional requirement on gender representation, following a legal challenge against appointments made after the July 2024 Cabinet reshuffle.
The petitioners argued that the Cabinet, as constituted after the reshuffle that followed the nationwide anti-Finance Bill protests, failed to meet the constitutional threshold requiring that no more than two-thirds of members of any appointive public body be of the same gender.
After considering the petition, the judges agreed that the Cabinet's composition violated the Constitution and directed President Ruto to take corrective action within four months.
The court ordered the President to nominate additional female Cabinet Secretaries to ensure compliance with the two-thirds gender principle within the 120-day period.
The ruling marks a significant judicial intervention in the composition of the Executive and reinforces constitutional provisions aimed at promoting gender equality in public appointments.
The decision comes amid broader efforts by the government to implement governance reforms. During the same period, the Cabinet approved investigations into an alleged KSh6.2 billion public payroll fraud, endorsed the establishment of committees to guide the adoption of artificial intelligence, and discussed preparedness measures ahead of the anticipated flood season.
The judgment is expected to have far-reaching implications for the Executive, with the President now required to review the composition of his Cabinet to ensure it complies with constitutional requirements on gender representation.
