The Court of Appeal has declined to suspend a High Court order directing President William Ruto to reconstitute his Cabinet to comply with the constitutional two-thirds gender rule within 120 days.
In its ruling delivered on Thursday, October 29, the appellate court also directed Attorney General Dorcas Oduor to serve the relevant court papers as proceedings in the matter continue.
The decision followed an application by the government seeking to suspend the orders pending the determination of its appeal, arguing that implementation should be put on hold until the appeal is resolved.
However, the Court of Appeal rejected the request, leaving the High Court directive in force even as Ruto faces questions over his failure to meet the October 28 deadline.
On June 30, a three-judge High Court bench comprising Justices Eric Ogola, Stephen Githinji and Jairus Ngaah ruled that the composition of Ruto’s Cabinet violated the constitutional requirement that neither gender should account for more than two-thirds of its membership.
The judges ordered the President to make appointments that comply with Article 27(8) of the Constitution within 120 days of the judgment.
The court established that the Cabinet, comprising the President, Deputy President, Attorney General and Cabinet Secretaries, had seven women against 18 men, translating to approximately 28 per cent female representation.
According to the ruling, at least nine women were required among the 25 members to satisfy the constitutional gender threshold.
The case originated from a petition challenging aspects of the Cabinet following Ruto’s decision to dissolve it in July 2024 amid nationwide anti-government protests.
While the High Court upheld the legality of several appointments, it determined that the Cabinet’s gender composition fell short of constitutional requirements and ordered the President to reconstitute it.
The expiry of the 120-day deadline without the required changes has triggered debate among Kenyans, including legal experts, over the Executive’s compliance with court orders.
Ruto's earlier remarks on constitutional compliance
In July 2026, Ruto appeared to downplay the urgency of reconstituting his Cabinet despite the court-imposed deadline.
Speaking during Katiba Day celebrations at the Kenyatta International Convention Centre (KICC) in Nairobi, the President compared the matter to questions surrounding Parliament’s constitutional status, arguing that compliance with constitutional requirements could take time.
“Just the same way the court has ruled that Parliament is not constitutional. That may not be achieved today, as it is a work in progress. Progressively, that is work in progress,” the President said.
The Court of Appeal’s latest decision means the High Court’s orders remain in force, with the government’s attempt to suspend their implementation unsuccessful.
