Court of Appeal refuses to halt orders requiring Ruto to reconstitute Cabinet over two-thirds gender rule

Court of Appeal refuses to halt orders requiring Ruto to reconstitute Cabinet over two-thirds gender rule - President William Ruto chairs Cabinet meeting at State House, Nairobi on November 11, 2025. (Photo: PCS)

The judges gave the President 120 days to appoint a Cabinet that complies with Article 27(8) of the Constitution, setting October 28, 2026, as the deadline.

The Court of Appeal has declined to suspend orders requiring President William Ruto to reconstitute his Cabinet to comply with the constitutional two-thirds gender rule, leaving the directive in force despite the expiry of the court-imposed deadline.

In its ruling delivered on Thursday, October 29, 2026, the appellate court rejected the government’s bid to suspend the High Court orders pending the determination of its appeal against the judgment.

The court also directed Attorney General Dorcas Oduor to serve the relevant court papers as proceedings in the appeal continue.

The government had sought to stop the implementation of the orders, arguing that the matter should await the outcome of the appeal.

However, the decision means the High Court directive remains in force as the legal challenge proceeds.

The dispute stems from a June 30 judgment by a three-judge bench comprising Justices Eric Ogola, Stephen Githinji and Jairus Ngaah, which found that the composition of Ruto’s Cabinet violated constitutional requirements on gender representation.

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The judges gave the President 120 days to appoint a Cabinet that complies with Article 27(8) of the Constitution, setting October 28, 2026, as the deadline.

In their judgment, the judges established that the Cabinet, comprising the President, Deputy President, Attorney General and Cabinet Secretaries, had seven women against 18 men.

This represented approximately 28 per cent female membership in the 25-member Cabinet, falling short of the constitutional requirement that no more than two-thirds of members of an appointive body should be of the same gender.

The court determined that at least nine members of the Cabinet needed to be women to meet the constitutional threshold.

The petition arose after Ruto dissolved his Cabinet in July 2024 amid nationwide anti-government protests and subsequently made fresh appointments.

Although the High Court upheld the legality of several appointments, it found that the overall gender composition remained unconstitutional.