NAIROBI, Kenya – The National Assembly has formally moved to challenge a High Court ruling that declared President William Ruto’s Cabinet unconstitutional for failing to comply with the Constitution’s two-thirds gender principle.
Parliament, together with National Assembly Speaker Moses Wetang’ula, has filed a Notice of Appeal against parts of the judgment delivered on June 30, 2026, signalling its intention to seek redress at the Court of Appeal.
The notice, lodged following the decision by a three-judge bench comprising Justices Eric Ogola, Stephen Githinji and Jairus Ngaah, states that the appellants are dissatisfied with portions of the ruling and intend to challenge them.
“Take notice that the 2nd and 4th Respondents (the ‘Appellants’) being dissatisfied with part of the Judgment and Decree of the High Court of Kenya delivered at Nairobi on the 30th day of June, 2026, intends to appeal to the Court of Appeal of Kenya against part of the decision,” the notice states.
The appeal specifically targets the court’s declaration that the current Cabinet violates Article 27(8) of the Constitution, which requires that no more than two-thirds of members of appointive public bodies be of the same gender.
Parliament is also contesting the judges’ finding that the constitutional gender requirement is immediately enforceable for appointive offices, as well as the order directing President William Ruto to appoint Cabinet Secretaries in compliance with the Constitution within 120 days.
The appeal stems from a landmark judgment in which the High Court found that the composition of the Cabinet falls short of the constitutional gender threshold.
According to the court, the Cabinet consists of 25 members, including 18 men and seven women. The judges found that women occupy only about 28 per cent of Cabinet positions, below the constitutional requirement.
The bench held that a Cabinet of 25 members should have at least nine members from the underrepresented gender to satisfy the two-thirds gender principle.
Consequently, the court declared that the Cabinet’s composition is inconsistent with Articles 10 and 27 of the Constitution, which uphold equality, freedom from discrimination and the national values and principles of governance.
While delivering the judgment, Justice Eric Ogola directed President Ruto to reconstitute the Cabinet within 120 days to bring it into compliance with Article 27(8).
“The appointing authority, being the President, is hereby directed to make appointments for Cabinet Secretaries in conformity with Article 27(8) within 120 days from the date of this judgment,” Justice Ogola said.
The petition that led to the ruling challenged President Ruto’s decision to dissolve the Cabinet following the nationwide June 2024 protests before reappointing some former Cabinet Secretaries to the new administration.
The Court of Appeal is now expected to determine whether the High Court correctly interpreted and applied the constitutional requirement on gender representation in appointive public offices.