Court to Hear Fresh Challenge Over Ruto’s Cabinet on December 1

NAIROBI, Kenya Nov 10 – The High Court has certified as urgent an application seeking to suspend the Cabinet and Cabinet Secretaries over President William Ruto’s alleged failure to comply with a court order requiring the reconstitution of the Cabinet within 120 days.

The application was filed by Katiba Institute, the Centre for Rights Education and Awareness (CREAW), Transparency International Kenya, CRAWN Trust and the Women’s Movement of Kenya.

The organisations argue that the President failed to comply with the June 30, 2026 court directive, whose 120-day implementation period lapsed on October 28.

Among the orders sought is the suspension of the Cabinet and Cabinet Secretaries from performing their official functions, alongside a restriction on the Secretary to the Cabinet from convening meetings, recording decisions or communicating Cabinet resolutions.

The petitioners are also seeking to stop the Controller of Budget from approving salaries and benefits for Cabinet Secretaries or authorising expenditure on Cabinet business from October 28.

They want the Attorney-General summoned to explain the alleged disobedience and the President’s failure to implement the court’s judgment declared wilful contempt of court.

The matter is scheduled for hearing before a three-judge bench on December 1, 2026.

President William Ruto’s Cabinet, as assessed by the High Court in its June 30, 2026 judgment, comprised 18 men and 7 women, out of 25 members.

Article 27(8) of the Constitution requires that no more than two-thirds of members of appointive public bodies be of the same gender.

Under Article 152(1)(d) of the Constitution of Kenya, 2010, the President can appoint a minimum of 14 and a maximum of 22 Cabinet Secretaries (CSs).

As of November 10, 2026, President William Ruto’s administration has 22 Cabinet Secretaries, including Prime Cabinet Secretary Musalia Mudavadi, who also serves as Cabinet Secretary for Foreign and Diaspora Affairs.

The constitutional two-thirds gender rule applies to the Cabinet as a whole, not just the 22 Cabinet Secretaries. The President, Deputy President and Attorney-General and other constitutionally recognised Cabinet members must also be considered when calculating compliance.