Former Chief Justice David Maraga/Handout

United Green Movement (UGM) co-party leader David Maraga has raised concerns over the government’s compliance with a court order requiring Cabinet appointments to meet the two-thirds gender principle, following the expiry of the court-imposed deadline on October 28.

Maraga, the party’s 2027 presidential flagbearer and Convenor of the People’s Convention, said the October 28, 2026 deadline had passed without any public indication that the required changes had been made.

He said the matter raised concerns about constitutional supremacy and respect for judicial authority, arguing that compliance with the order was a question of whether the Executive recognised the authority of the Constitution.

“This is not about two Cabinet appointments. It is about whether the President and the Executive accept that the Constitution binds them, and whether court orders must be obeyed,” Maraga said.

On June 30, 2026, a three-judge High Court bench comprising Justices Eric Ogola, Stephen Githinji and Jairus Ngaah ruled that the Cabinet did not comply with Article 27(8) of the Constitution.

The ruling was delivered in the case of Ole Kanchory & 10 Others v President of the Republic of Kenya & 32 Others .

The court noted that the 25-member Cabinet comprised 18 men and seven women, with women accounting for about 28 per cent of its membership.

Article 27(8) of the Constitution requires that no more than two-thirds of the members of elective or appointive public bodies be of the same gender.

The court directed the president to make appointments that would bring the Cabinet into compliance within 120 days. The deadline expired on October 28, 2026.

On October 29, 2026, the Court of Appeal declined an application by Attorney-General Dorcas Oduor seeking to suspend the High Court judgment pending an intended appeal.

The High Court order therefore remains in force, pending any further directions by a competent court.

Maraga warned that continued non-compliance could undermine constitutional governance and raise questions about the legitimacy of decisions made by the Cabinet.

“When the President chooses not to comply with a court order, he invites every other public officer to do the same. That is how constitutional government begins to collapse,” he said.

He urged civil society organisations, professional bodies, women’s organisations and members of the public to remain vigilant and demand compliance with the constitutional requirement.

Maraga said the two-thirds gender principle was a constitutional commitment to inclusive governance and should not be treated as a political favour.