The High Court has declared President William Ruto’s Cabinet appointments unconstitutional, ruling that they do not meet the constitutional two-thirds gender principle and are therefore null and void.
In a judgment delivered on June 30, 2026, Justices Eric Ogola and Anthony Mrima Githinji held that the Cabinet's composition contravenes Articles 27(8) and 81(b) of the Constitution, which stipulate that no more than two-thirds of members in appointive bodies should be of the same gender.
The judges determined that the Secretary to the Cabinet, an office created under Article 154 of the Constitution, is not a Cabinet member and should not be included when assessing whether the Cabinet complies with constitutional requirements on gender representation, regional balance, and inclusivity.
In the majority ruling, the court affirmed that the Secretary to the Cabinet cannot be considered part of the Cabinet for constitutional purposes. As a result, the judges found that the current Cabinet, once correctly calculated, falls short of the constitutional two-thirds gender threshold.
After concluding that the Cabinet is in breach of the constitutional gender rule, the court ordered President Ruto to reconstitute the Cabinet within 120 days to bring it into compliance with Article 27 of the Constitution. This follows a landmark ruling by Justices Eric Ogola and Anthony Githinji.
The case stemmed from consolidated petitions challenging the President’s reappointment of some Cabinet Secretaries after dissolving the Cabinet in July 2024, as well as the overall composition of the Cabinet.
The judges ruled that the court has jurisdiction to review presidential appointments and dismissals, dismissing claims that the issue was purely political.
They also found that President Ruto acted within his constitutional powers when he reappointed Cabinet Secretaries after the dissolution.
However, the court held that the Secretary to the Cabinet cannot be included when assessing compliance with the gender rule.
It also examined whether the Cabinet reflects Kenya’s diversity and whether the National Assembly met constitutional requirements on public participation during the vetting process.
Citing Articles 27(8) and 81(b) of the Constitution, the judges noted that no more than two-thirds of members of appointive or elective bodies should be of the same gender.
If upheld and implemented, the ruling could compel President Ruto to reconstitute his Cabinet to comply with the constitutional two-thirds gender rule. That may require appointing more women to Cabinet positions or replacing some male Cabinet Secretaries to achieve the required gender balance.
The President could also be required to ensure the Cabinet reflects Kenya's diversity and that future appointments fully comply with constitutional standards.
However, the exact next steps will depend on the court's final orders, whether the government secures a stay of execution pending appeal, and the outcome of any appeal filed against the judgment.
