Three seek suspension of Ruto Cabinet over defiance of court orders
Three petitioners, among them Busia Senator Okiya Omtatah, now want the High Court to suspend the Cabinet, accusing President William Ruto’s administration of defying a court order requiring the executive to comply with the constitutional two-thirds gender rule. Omtatah, alongside activist Eliud Karanja Matindi and Dr Magare Gikenyi Benjamin, has filed an urgent application seeking [...] The post…
Nairobi, Kenya – The High Court has declined to certify a petition as urgent, seeking to prevent Cabinet Secretaries from exercising executive powers after the deadline for President William Ruto to reconstitute a gender-balanced Cabinet expired. Justice Patricia Nyaundi instructed petitioner Eliud Matindi to serve the petition and application on the respondents and interested parties by November 9.
The respondents have until November 24 to respond, with Matindi granted an additional seven days to file a further affidavit before a mention on February 10. The court case emerges from a June 30, 2026 ruling that found the Cabinet's gender composition fell short of the two-thirds requirement under Article 27(8) of the Constitution.
Of the 25 Cabinet members, including the President and Deputy President, only seven were women, representing roughly 28 percent, while 18 were men, or 72 percent. Matindi contends that President Ruto failed to implement the court's directive within the required timeframe, despite no orders staying the judgment. He accuses the President and other respondents of ignoring the court's decision while continuing to conduct government business under an unconstitutional Cabinet composition.
Matindi cites Gazette Notices from October 30, which he argues demonstrate that the officials continue to exercise powers and duties reserved for members of the national executive. He seeks conservatory orders to halt the affected Cabinet Secretaries from acting as members of the national executive or exercising their powers pending the case's resolution.
Additionally, he wants Executive Order No. 1 of 2025 suspended to prevent the Cabinet Secretaries from assuming executive responsibilities. The application also seeks to restrain the Controller of Budget from approving withdrawals from the Consolidated Fund to pay salaries to the affected officials in their alleged unconstitutional executive capacity.
Matindi argues that permitting the officials to continue making decisions and exercising executive authority under an unconstitutional Cabinet threatens the country's constitutional order.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
