Omtatah, two others challenge Cabinet’s legality over gender balance

Nairobi, Kenya - Okiya Omtatah, along with two other activists, have taken legal action against the Cabinet's composition, contending that it breaches the Constitution's two-thirds gender requirement. The petitioners, Eliud Karanja Matindi and Dr Magare Gikenyi Benjamin, claim that the Cabinet has failed to comply with the requirement set forth in Article 27(8) even after a court ruling on June 30, 2026, mandating the President to implement changes within 120 days.

They argue that the deadline has passed without the necessary alterations, rendering the present Cabinet Secretaries without valid authority to carry out the duties associated with their positions. The petition urges the court to prohibit the 25 respondents from carrying out responsibilities typically held by Cabinet members and to prevent the Controller of Budget from sanctioning their salaries and benefits.

However, the High Court decided not to certify the case as urgent, instructing the petitioners to deliver the case to the respondents by November 9, with their responses due by November 24. The matter will be brought before the court again on February 10, 2027.