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Court of Appeal declines to certify AG’s application against Cabinet gender rule ruling as urgent

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The Court of Appeal has declined to certify as urgent an application by the Attorney General seeking to suspend a High Court judgment that declared President William Ruto’s Cabinet unconstitutional for failing to meet the two-thirds gender rule. The move comes after the expiry of the 120-day deadline issued to the President to reconstitute his Cabinet in compliance with the Constitution. In the application dated October 6, 2026, the Attorney General seeks a stay of the June 30 judgment, which found that the Cabinet violated Article 27(8) of the Constitution, as more than two-thirds of its members were of the same gender.

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