Bad News for Ruto as Court Makes Major Decision on His Cabinet After October 28 Deadline
The Court of Appeal has declined to shield President William Ruto from implementing a constitutional requirement on gender representation in his Cabinet, leaving the Head of State under pressure after a court-imposed deadline expired without the required changes.
In a ruling delivered on Thursday, October 29, the appellate court rejected the government’s application seeking to suspend orders requiring the President to reconstitute his Cabinet to comply with the two-thirds gender rule.
The decision comes a day after the October 28 deadline set by the High Court passed, placing the composition of Ruto’s Cabinet back under scrutiny as the legal challenge continues.
The government had sought to have the implementation of the orders put on hold pending the determination of its appeal.
However, the Court of Appeal declined to suspend the directive, meaning the original orders remain in force as the matter proceeds.
The court also directed Attorney General Dorcas Oduor to serve the relevant court papers, allowing the proceedings to continue.
The dispute stems from a judgment delivered on June 30 by a three-judge High Court bench comprising Justices Eric Ogola, Stephen Githinji and Jairus Ngaah.
The judges found that the Cabinet’s composition fell short of the constitutional threshold requiring that no more than two-thirds of members of appointive public bodies be of the same gender.
According to the court, the Cabinet had seven women against 18 men, translating to approximately 28 per cent female representation. The judges determined that at least nine women were required among the 25 members to meet the constitutional standard.
The ruling followed a petition challenging aspects of the Cabinet formed after Ruto dissolved his previous Cabinet in July 2024 amid nationwide anti-government protests.
Although the High Court upheld the legality of several appointments, it found the gender imbalance unconstitutional and ordered the President to make the necessary changes within 120 days.
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