Ruto’s Cabinet faces legal challenge as gender order deadline lapses

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A 120-day High Court deadline for President Ruto to reconstitute his Cabinet under the two-thirds gender rule lapsed on Wednesday. Lawyers told Citizen Digital the 25-member Cabinet, which has seven women, is now open to legal challenge.

Women in Ruto's Cabinet
7 Women in Cabinet
25 Cabinet members
28 Women's share
33.3 Mandatory minimum
Source: Citizen Digital

President William Ruto has not complied with a High Court order to reconstitute his Cabinet, Citizen Digital reported. In July, the court gave him 120 days to meet the Constitution's gender principle. That period lapsed on Wednesday. The Standard reported that the Cabinet now faces dismissal for failing to meet the gender requirement.

The court found that only seven of the 25 Cabinet members are women. Women therefore hold 28% of the positions, below the mandatory minimum of 33.3%. Meeting the threshold would require two more women, according to Citizen Digital.

Katiba Institute and other petitioners brought the case. They argued that the Executive has a clear duty to follow the Constitution's gender principle when nominating Cabinet members.

Law Society of Kenya (LSK) president Charles Kanjama said the Cabinet will remain illegal and its power to make decisions is crippled. He told Citizen Digital that any Cabinet decision or action could be declared null and void. Former LSK president Eric Theuri said the Cabinet is not recognised by law. He added that everything it does before the 2027 General Election could be challenged in court. That includes payments to Cabinet Secretaries.

The President could face contempt of court proceedings if a petitioner challenges the failure to comply. Katiba Institute counsel Joshua Nyawa said that because the President cannot be sued, a petition would be filed against the Attorney General. Nyawa said the effect would still be to hold the President liable for contempt. In its March 2022 judgment on the Building Bridges Initiative (BBI), the Supreme Court ruled that a sitting president cannot be sued in civil proceedings while in office. The ruling relied on Article 143(2) of the Constitution.

Ruto could ask the court for an extension. Theuri said he would struggle to explain why he did not appeal within the time allowed. The sources do not include a response from State House.

If Ruto reconstitutes the Cabinet, it would be his second major overhaul. He dismissed the entire Cabinet on July 11, 2024, after Gen Z protests against the Finance Bill. He kept only Prime Cabinet Secretary Musalia Mudavadi. He then brought in new members and moved a few others to new posts.

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Sources Citizen Digital, The Standard

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