NAIROBI, Kenya, Nov 5 – Okiya Omtatah and two other activists have moved to the High Court to challenge the legality of the Cabinet, arguing that its composition violates the Constitution’s two-thirds gender requirement.
The petitioners, Eliud Karanja Matindi and Dr Magare Gikenyi Benjamin, say the Cabinet has failed to meet the requirement under Article 27(8) despite a June 30, 2026 court ruling directing the President to make changes within 120 days.
They argue that the deadline expired without the required changes, leaving the current Cabinet Secretaries without legal authority to exercise powers assigned to Cabinet members.
The petition seeks to bar the 25 respondents from performing duties reserved for Cabinet members and stop the Controller of Budget from approving their salaries and benefits.
However, the High Court declined to certify the case as urgent. Justice Patricia Nyaundi directed the petitioners to serve the case on the respondents by November 9, with responses due by November 24.
The case will be mentioned on February 10, 2027.
