President William Ruto has avoided giving a clear commitment on whether he will reorganise his Cabinet to comply with a High Court ruling on the two-thirds gender rule, leaving questions over how his administration plans to respond as the deadline approaches.
Speaking during Katiba Day celebrations at the Kenyatta International Convention Centre in Nairobi, Ruto was asked by NTV journalist Eric Latif whether he would reorganise his Cabinet in line with the court ruling and the Constitution.
The President appeared to sidestep the question, instead comparing the situation to an earlier court decision involving Parliament during former President Uhuru Kenyatta’s administration.“Just the same way the court has ruled that Parliament is not constitutional.
That may not be achieved today, as it is a work in progress. Progressively, that is work in progress,” Ruto said.His response has raised further uncertainty over the next steps, particularly because the court gave the President a specific period within which to act.
In July, a three-judge bench of the High Court ruled that Ruto’s Cabinet does not meet the constitutional requirement on gender representation.
The court found that the composition of the Cabinet failed to comply with Article 27(8) of the Constitution, which requires that no more than two-thirds of members of appointive public bodies should be of the same gender.
The judges directed Ruto to reconstitute the Cabinet within 120 days to bring it into line with the Constitution.
With the deadline now only 42 days away, attention has shifted to whether the President will make changes and how far those changes could go.
The case was brought by Katiba Institute together with the Centre for Rights Education and Awareness, Transparency International Kenya, the Community Advocacy and Awareness Trust and the World March of Women-Kenya.
Justices Eric Ogola, Jairus Ngaah and Stephen Githinji found that the Executive had failed to meet the required gender threshold despite several Cabinet appointments and reshuffles.
“The Cabinet, as constituted, fails the test of legality under Articles 152(1), 152(2) and Article 27(8)and is, therefore, invalid,” Justice Jairus Ngaah stated in the ruling.
Any Cabinet changes could have political consequences for members currently serving in government. With the 2027 General Election less than a year away, a reshuffle could affect the balance within the Kenya Kwanza administration and its working relationship with ODM under the broad-based government arrangement.ODM has already shown interest in the possible changes.
Acting Secretary General Catherine Omanyo said in July that the party had several qualified women who could be considered for Cabinet positions if Ruto decides to reshuffle his administration.
However, the President has not publicly confirmed whether he will reconstitute his Cabinet before the court-imposed deadline.
