The High Court has fast-tracked a bid to stop President William Ruto's Cabinet from working until it meets the two-thirds gender rule. Justice Eric Ogola certified the application as urgent on Monday. He ordered the petitioners to serve it on all respondents and interested parties within three days, The Star and Kenyans.co.ke reported. The Eastleigh Voice said the judge was sitting at the Malindi High Court.
The petitioners want Cabinet Secretaries barred from their official duties until the President reconstitutes the Cabinet. According to the Eastleigh Voice, the ban would cover attending and voting at Cabinet meetings, issuing directives, making appointments and signing agreements for the government. The petitioners also want the Secretary to the Cabinet stopped from convening meetings, keeping minutes and communicating Cabinet decisions.
The groups want the Controller of Budget barred from approving salaries, benefits and other Cabinet spending from October 28, when the deadline expired. They ask the court to declare that the failure to comply amounts to wilful disobedience and contempt of court. They want the Attorney General summoned to explain the delay, within seven days according to the Eastleigh Voice. They propose deferring any punishment or personal liability for the President until he leaves office.
Justice Ogola did not rule on the merits, the Eastleigh Voice reported. Respondents have until November 19 to file their responses. The matter will then go before a three-judge bench on December 1 at 12.30 pm for further directions. The Eastleigh Voice described the session as a virtual mention.
The application follows a June 30 judgment by Justices Ogola, Jairus Ngaah and Stephen Githinji. The judges found that the 25-member Cabinet, with 18 men and seven women, breached Article 27(8) of the Constitution. They ruled that at least nine members must be women and gave the President 120 days to make fresh appointments. They also said he could not simply add Cabinet Secretaries, because the Cabinet had reached its constitutional limit, The Star reported.
Attorney General Dorcas Oduor sought to suspend the judgment, arguing that an immediate reshuffle could disrupt government operations. On October 29, the Court of Appeal declined to suspend the orders. An affidavit by Chris Kerkering quotes Ruto at an August 27 event at KICC. He reportedly said he was "fully aware" of the ruling and that it was "work in progress". The Eastleigh Voice said the affidavit cites the remarks as allegedly made.