Parliament Moves To Challenge High Court Ruling On Ruto’s “Unconstitutional” Cabinet

The National Assembly and Speaker Moses Wetangula have officially moved to challenge a landmark High Court decision that declared President William Ruto’s Cabinet unconstitutional over a violation of the two-thirds gender rule.

The legislature has filed a Notice of Appeal to contest parts of the June 30, 2026, judgment delivered by a three-judge bench comprising Justices Eric Ogola, Stephen Githinji, and Jairus Ngaah.

What Parliament is Contesting

In its appeal, Parliament is seeking to overturn several key directives from the High Court, specifically arguing against:

• The declaration that the current Cabinet violates Article 27(8) of the Constitution.

• The ruling that the constitutional gender requirement is immediate and fully enforceable for appointive bodies.

• The strict 120-day deadline ordered for President Ruto to reconstitute his Cabinet in compliance with the law.

The High Court’s Landmark Ruling

The legal battle stems from a petition challenging President Ruto’s decision to dissolve his Cabinet during the June 2024 nationwide protests and subsequently re-appoint several former members back into government.

The three-judge bench found the current executive lineup structurally unlawful. Out of the 25 current Cabinet members, 18 are men and only 7 are women. This leaves women with just 28% representation—falling short of the constitutional threshold. The judges held that for a 25-member Cabinet to comply with the law, the underrepresented gender must hold at least nine positions.

“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 stated during the ruling.

Because it falls short, the bench ruled the current composition inconsistent with Articles 27 and 10 of the Constitution, which guarantee equality, freedom from discrimination, and national values of governance.

With the National Assembly now taking the matter to the Court of Appeal, the battle over the legality of Kenya’s highest executive body heads into its next judicial round.