Omtatah Moves to Court Again as Ruto Faces Fresh Legal Challenge Over Unconstitutional Cabinet

Busia Senator Okiya Omtatah and two other petitioners have returned to the High Court, seeking orders declaring President William Ruto’s Cabinet unconstitutional over its failure to comply with the two-thirds gender principle.

The latest petition follows an earlier court judgment delivered on June 30, 2026, which found that the composition of the Cabinet violated the constitutional requirement on gender representation. The court gave the President 120 days to address the imbalance.

Article 27(8) of the Constitution requires the State to take legislative and other measures to ensure that no more than two-thirds of members of elective or appointive bodies are of the same gender.

At the time of the judgment, the Cabinet had 25 members, comprising 18 men and seven women. The court indicated that the number of women needed to increase to at least nine to satisfy the constitutional threshold.

However, the October 28, 2026 deadline passed without the required changes being made to the Cabinet’s composition.

Omtatah and the other petitioners are now asking the High Court to intervene over what they describe as the failure by the Head of State to comply with the earlier ruling.

The legal action has renewed attention on constitutional accountability, gender equality and the obligation of government institutions to comply with judicial decisions.

The petition also places the Cabinet’s composition under further legal scrutiny, with the court expected to consider the petitioners’ arguments and determine whether additional orders or remedies are necessary.

Any decision could have implications for the Ruto administration and the implementation of constitutional requirements governing gender representation in public appointments.

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