The National Assembly has moved to challenge a High Court decision declaring the current composition of President William Ruto’s Cabinet unconstitutional for failing to meet the constitution’s two-thirds gender principle.
Parliament, alongside Speaker Moses Wetangula have lodged a Notice of Appeal signalling their intention to challenge part of the June 30, 2026 judgment delivered by a three-judge bench comprising justices Eric Ogola, Stephen Githinji and Jairus Ngaah.
In the notice filed, the two parties said they were dissatisfied with portions of the judgment and intend to seek relief before 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, intends to appeal to the Court of Appeal of Kenya against part of the decision,” the notice reads.
Specifically, Parliament seeks to overturn the High Court’s declarations that the current Cabinet violates Article 27(8) of the Constitution.
It also contests the directive that the constitutional gender requirement is immediate and fully enforceable in relation to appointive bodies and that the President must appoint Cabinet Secretaries in compliance with the constitutional provision within 120 days.
The appeal follows a landmark ruling in which the High Court found that President Ruto’s Cabinet does not satisfy the constitutional requirement that no more than two-thirds of members of an appointive body be of the same gender.
According to the court, the Cabinet is currently made up of 25 members, comprising 18 men and seven women.
This means women account for about 28 per cent of the Cabinet, falling below the constitutional threshold.
The judges held that in a Cabinet consisting of 25 members, the underrepresented gender should occupy at least nine positions to satisfy the two-thirds gender rule.
The bench consequently declared that the current composition of the Cabinet is inconsistent with Articles 27 and 10 of the Constitution, which guarantee equality, freedom from discrimination and the national values and principles of governance.
In the judgment, the court directed President William Ruto, to reconstitute the Cabinet within three months to ensure compliance.
“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 had challenged Ruto’s decision to dissolve the Cabinet in the aftermath of nationwide June 2024 protests and later nominate some former Cabinet members back into government.
