The High Court has ordered President William Ruto to reconstitute his Cabinet within 120 days.
In a ruling on Tuesday, June 30, a three-judge bench declared the Cabinet unconstitutional as the Head of State failed to comply with the constitutional two-thirds gender rule.
The court also ruled that the Secretary to the Cabinet is not a member of the Cabinet and therefore cannot be counted when determining whether the Cabinet satisfies requirements on gender representation, regional balance, and inclusivity.
The bench highlighted that the Ruto Cabinet currently consists of 25 members, of whom seven are women, and 18 are men.
“The appointing authority, being the President, is hereby directed to make appointments for Cabinet Secretaries in conformity with Article 27(8) within 120 days from the date of this judgment,” Justice Eric Ogola stated.
At the same time, the High Court rejected challenges against the legality of the broad-based government, ruling that the Constitution does not bar the appointment of politicians from opposition parties.
The three-judge bench also upheld the President’s 2024 decision to reappoint ministers he had previously dismissed, stating that the dissolution of the Cabinet was a political decision rather than a finding of individual misconduct.
According to the court, constitutional disqualification from public office arises only where removal is founded on specific constitutional violations and not broad political restructuring.
In July 2024, President Ruto dissolved his entire Cabinet following the nationwide anti-government protests that were led by the Genzs.
The President subsequently reappointed a number of CSs and also brought on board opposition politicians from ODM Party into government.
The CSs included: John Mbadi, Hassan Joho, Opiyo Wandayi, Wycliffe Oparanya, Beatrice Askul. President Ruto also appointed Dorcas Oduor as Attorney General.
The ruling comes weeks after a five-judge High Court bench nullified former Chief Justice David Maraga’s 2020 advisory seeking the dissolution of Parliament for failing to implement the two-thirds gender rule.
