High Court Declares Ruto’s Cabinet Unconstitutional, Orders Fresh Team Within 120 Days.
Written by Boaz Nyabuto on July 1, 2026
A three-judge bench of the High Court has ruled that President William Ruto’s current Cabinet violates the Constitution for failing to meet the two-thirds gender principle. The judges declared that the Cabinet does not comply with Article 27(8), which requires that no more than two-thirds of members of appointive public bodies be of the same gender.
The court directed the President to reconstitute his Cabinet within 120 days to ensure compliance. The ruling followed a petition filed by Katiba Institute, CREAW, Transparency International Kenya, CRAWN Trust, and World March of Women-Kenya, who challenged the legality of the Cabinet formed after the 2024 dismissals and subsequent appointments.
The bench, comprising Justices Eric Ogola, Jairus Ngaah, and Stephen Githinji, found that the Executive had failed to meet constitutional requirements on gender representation despite several reshuffles. Justice Ngaah stated that “the Cabinet, as constituted, fails the test of legality under Articles 152(1), 152(2), and Article 27(8) and is, therefore, invalid.”
The dispute arose after the anti-Finance Bill 2024 protests, which led President Ruto to dismiss most of his Cabinet on July 11, 2024, and later unveil new nominees between July 2024 and April 2025. Civil society groups argued that the new Cabinet still failed to meet constitutional standards on gender balance, inclusivity, and diversity.
The petitioners also questioned the appointment of opposition politicians into Cabinet, claiming it lacked a proper constitutional or statutory basis under the Political Parties Act. Justice Ngaah agreed, stating that such appointments outside the legal framework were unconstitutional and undermined Kenya’s multi-party democracy.
The majority judgment focused on the Cabinet’s failure to comply with the mandatory two-thirds gender rule, giving the President four months to reorganize his Cabinet. This ruling now compels President Ruto to restructure his administration, balancing gender compliance with political considerations.
