Court sets 2027 hearing for fresh challenge to Ruto’s Cabinet after declining urgent listing

NAIROBI, Kenya, Nov 5 – The High Court has declined to certify as urgent a petition seeking to bar Cabinet Secretaries from exercising executive powers following the expiry of a court-ordered deadline for President William Ruto to reconstitute a gender-compliant Cabinet.

In directions issued on Thursday, Justice Patricia Nyaundi instead directed petitioner Eliud Matindi to serve the petition and an accompanying application on the respondents and interested parties by November 9.

The respondents have until November 24, or 14 days after service, to file their responses. Matindi has been granted seven days after service to file a further affidavit, but not later than December 2 ahead of a mention on February 10.

The petition follows a June 30, 2026 determination by a three-judge bench that found the composition of the national Cabinet fell short of the two-thirds gender requirement under Article 27(8) of the Constitution.

In a split decision, Justices Eric Ogola and Stephen Githinji formed the majority that directed the appointing authority to reconstitute the Cabinet within 120 days to comply with the constitutional gender threshold. Justice Jairus Ngaah delivered a dissenting opinion.

At the time, the Cabinet comprised 25 members, including the President, Deputy President, Attorney General and 22 Cabinet Secretaries. Seven were women, representing approximately 28 per cent, while 18 were men, or 72 per cent.

The majority found that the composition fell short of the constitutional threshold by two women, setting October 28 as the deadline for compliance.

Matindi argues that President Ruto failed to implement the directive within the stipulated period, despite there being no orders staying the judgment.

In the petition, he accuses the President and other respondents of disregarding the court’s decision while continuing to conduct government business under a Cabinet whose composition he considers unconstitutional.

“The President chose to do nothing,” the petitioner states, further describing the alleged non-compliance as a situation in which “the President of the Republic has challenged the Constitution to a duel and a battle of supremacy.”

To support his case, Matindi cites Gazette Notices issued on October 30 by several Cabinet Secretaries, including John Mbadi Ng’ongo, Hanna Wendot Cheptumo, Aden Duale, Julius Migos Ogamba, Mutahi Kagwe and Beatrice Askul Moe.

He argues that the notices demonstrate that the officials continue to exercise powers and discharge responsibilities reserved for members of the national executive.

“It is the petitioners’ case that, upon expiry of the court-granted compliance period… there is no national executive and Cabinet of the Republic of Kenya as decreed by Articles 130 and 152(1) of the Constitution,” the court papers state.

The petitioner is seeking conservatory orders to stop the affected Cabinet Secretaries from holding themselves out as members of the national executive or exercising the powers and functions of Cabinet pending determination of the case.

He also wants Executive Order No. 1 of 2025 suspended to the extent that it assigns statutory responsibilities to the Cabinet Secretaries in their capacity as members of the national executive.

The application further seeks to restrain the Controller of Budget from approving withdrawals from the Consolidated Fund or other public funds to facilitate payment of salaries, remuneration and benefits to the affected officials in that capacity.

Among the substantive reliefs sought are declarations that the President failed to comply with the June 30 judgment and that the continued exercise of executive authority by the affected officials is unconstitutional.

Matindi argues that allowing the officials to continue making decisions and exercising executive authority under a Cabinet he considers unconstitutional threatens the country’s constitutional order.