NAIROBI, Kenya July 10- The National Assembly has formally challenged a High Court ruling that declared the composition of President William Ruto’s Cabinet unconstitutional for failing to comply with the Constitution’s two-thirds gender principle.
Parliament, together with National Assembly Speaker Moses Wetang’ula, has filed a Notice of Appeal, signalling its intention to contest key aspects of the June 30, 2026 judgment delivered by a three-judge bench comprising Justices Eric Ogola, Stephen Githinji and Jairus Ngaah.
In the notice, the National Assembly and the Speaker, listed as the second and fourth respondents in the case, state that they are dissatisfied with parts of the ruling and will seek to have them overturned by the Court of Appeal.
“Take notice that the 2nd and 4th Respondents (the ‘Appellants’), being dissatisfied with part of the Judgment and Decree of the High Court of Kenya delivered at Nairobi on the 30th day of June, 2026, intend to appeal to the Court of Appeal of Kenya against part of the decision,” the notice states.
The key contention is the High Court’s finding that the current Cabinet contravenes 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.
Parliament is also contesting the court’s interpretation that the constitutional gender requirement is immediately enforceable in appointive offices, as well as the directive compelling the President to reconstitute the Cabinet within 120 days to comply with the provision.
The appeal stems from a landmark judgment in which the three-judge bench found that President Ruto’s Cabinet falls short of the constitutional gender threshold.
According to the court, the Cabinet currently consists of 25 members 18 men and seven women meaning women occupy only 28 per cent of the positions, below the minimum one-third representation required under the Constitution.
The judges held that in a 25-member Cabinet, the underrepresented gender should hold at least nine positions to satisfy the constitutional requirement.
Consequently, the court declared the Cabinet’s current composition inconsistent with Articles 27 and 10 of the Constitution, which enshrine equality, freedom from discrimination and the national values and principles of governance.
In the ruling, the bench directed President Ruto to appoint Cabinet Secretaries in compliance with Article 27(8) 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 Eric Ogola said while delivering the decision on behalf of the bench.
The petition that gave rise to the ruling challenged President Ruto’s decision to dissolve the Cabinet following the nationwide anti-government protests in June 2024 before reappointing some of the former Cabinet Secretaries to the reconstituted administration.
