Petitioners Seek Suspension of Ruto Cabinet Over Gender Rule Breach

Three applicants – Busia Senator Okiya Omtatah, activist Eliud Karanja Matindi and Dr Magare Gikenyi Benjamin – have approached the High Court to halt the activities of President William Ruto’s Cabinet, alleging that the executive continues to operate in breach of a June 30, 2026 judgment on the constitutional two-thirds gender requirement.

Their urgent application asks the court to issue conservatory orders against twenty-five respondents, including the President, Deputy President Kithure Kindiki, Attorney-General Dorcas Oduor, Prime Cabinet Secretary Musalia Mudavadi and all Cabinet Secretaries, preventing them from presenting themselves as members of the national executive or exercising any statutory powers while the case is pending.

The petition refers to a three-judge High Court decision that found the Cabinet’s composition – seven women out of twenty-five members, representing roughly 28 percent – fell short of the minimum nine women required by Article 27(8) of the Constitution, and ordered reconstitution within 120 days, setting October 28 as the deadline. No further appointments were made before that date.

To demonstrate continued executive activity, the applicants rely on Kenya Gazette notices dated October 30, 2026 signed by Treasury Cabinet Secretary John Mbadi, Gender Cabinet Secretary Hanna Wendot Cheptumo, Health Cabinet Secretary Aden Duale, Agriculture Cabinet Secretary Mutahi Kagwe, and other secretaries, which they say show the officials still performing functions reserved for the national executive.

Among the relief sought are declarations that the President failed to comply with the June 30 judgment, that there is currently no constitutionally constituted national executive, and that any decisions taken by the Cabinet after the deadline are invalid. The petition also requests that Executive Order No 1 of 2025 be suspended to the extent it assigns duties to Cabinet Secretaries, that the Controller of Budget be barred from approving withdrawals for salaries and benefits, and that the officials be declared unfit for public office and ordered to repay remuneration received since June 30, 2026.

Justice Patricia Nyaundi declined to certify the filing as urgent, directing petitioner Matindi to serve the petition and accompanying documents on the respondents and interested parties by November 9. The respondents have until November 24 to file written replies, and Matindi has been given seven days after service – no later than December 2 – to lodge a further affidavit, with a mention scheduled for February 10.

Attorney-General Oduor has concurrently applied to suspend the June 30 judgment pending appeal, a matter that remains before the Court of Appeal. Civil-society groups including the Katiba Institute, Kenya Human Rights Commission, Law Society of Kenya and Transparency International Kenya have been listed as interested parties.

In his filing, Matindi asserted that “The President chose to do nothing,” describing the alleged non-compliance as a challenge to the Constitution. The petition papers state, “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.” Matindi also affirmed his affidavit with the words, “I hereby reaffirm and solemnly repeat the facts and averments stated and included in the application and petition.”