Kenya’s National Assembly has formally challenged a High Court ruling that declared President William Ruto’s Cabinet unconstitutional for failing to meet the Constitution’s two-thirds gender requirement.
The appeal, lodged alongside National Assembly Speaker Moses Wetang’ula, marks the latest legal battle over gender representation in public appointments and sets the stage for a fresh hearing before the Court of Appeal.
In a Notice of Appeal filed after the June 30 judgment, Parliament said it was dissatisfied with key parts of the High Court’s decision and intends to seek their reversal.
“Take notice that the 2nd and 4th Respondents… being dissatisfied with part of the Judgment and Decree of the High Court… intend to appeal to the Court of Appeal,” the notice states.
At the heart of the dispute is the High Court’s finding that the current Cabinet does not comply with Article 27(8) of the Constitution, which requires that no more than two-thirds of members of an appointive public body be of the same gender.
A three-judge bench comprising Justices Eric Ogola, Stephen Githinji and Jairus Ngaah ruled that the Cabinet’s composition falls short of that constitutional standard. According to the court, the 25-member Cabinet consists of 18 men and seven women, leaving women with roughly 28 per cent representation.
The judges found that at least nine Cabinet positions should be held by the underrepresented gender to satisfy the constitutional threshold.
As part of the ruling, the court declared the Cabinet’s current composition inconsistent with Articles 10 and 27 of the Constitution, which safeguard national values, equality and freedom from discrimination.
Justice Eric Ogola, delivering the judgment on behalf of the bench, directed President William Ruto to bring the Cabinet into compliance within 120 days.
“The appointing authority, being the President, is hereby directed to make appointments for Cabinet Secretaries in conformity with Article 27(8) within 120 days from the date of this judgment,” Justice Ogola said.
Parliament is now asking the Court of Appeal to overturn those declarations. It is also challenging the judges’ finding that the constitutional gender requirement is immediately enforceable in appointive bodies, including the Cabinet.
The case stems from a petition filed after President Ruto dissolved his Cabinet following the nationwide anti-government protests of June 2024 before reappointing several former Cabinet Secretaries.
The Court of Appeal will now determine whether the High Court correctly interpreted the Constitution and whether the President is legally required to reconstitute the Cabinet within the timeline set by the lower court.
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