NAIROBI, Kenya – President William Ruto faces a deadline-day test over the constitutional two-thirds gender rule, with a possible Cabinet reshuffle expected to bring his government into compliance with a High Court order requiring greater female representation.
The court gave the President 120 days from its June 30, 2026, judgment to reconstitute the Cabinet in line with Article 27(8) of the Constitution, setting October 28 as the deadline.
Labour and Social Protection Cabinet Secretary Alfred Mutua has been mentioned as a possible casualty of the anticipated changes, although his removal had not been officially confirmed at the time of writing.
Mutua has previously declared interest in the Machakos County Senate seat in the 2027 General Election under his Maendeleo Chap Chap Party, potentially adding a political dimension to any change in his Cabinet position.
Why Ruto Must Reconstitute His Cabinet
In its June ruling, a three-judge High Court bench found that the Cabinet’s composition did not meet the constitutional requirement that no more than two-thirds of members of an appointive public body should be of the same gender.
The court assessed the Cabinet at the time as having 25 members, comprising 18 men and seven women. It said at least nine members needed to be women for a 25-member Cabinet to satisfy the constitutional threshold.
The directive placed the responsibility for correcting the imbalance on the President, who appoints Cabinet Secretaries subject to the constitutional process.
The ruling means the reshuffle is not simply a question of political preference: any appointments made to address the gender imbalance must satisfy the constitutional requirement.
Mutua’s Position in the Cabinet
Mutua currently heads the Ministry of Labour and Social Protection. His possible departure has not been confirmed through an official State House announcement, and the precise changes the President intends to make remain unclear.
If he is among those affected, the move would come as he prepares for the 2027 political contest in Machakos County.
However, his reported interest in the Senate seat does not in itself establish that he will leave Cabinet, and any account of his position should distinguish political speculation from a formal presidential decision.
Court Ruling Has Put Gender Representation Under Scrutiny
The judgment followed constitutional petitions challenging the Cabinet’s composition. The court held that Article 27(8), which requires the State to take measures to ensure gender balance in appointive bodies, applies to the Cabinet.
The ruling has intensified debate over the implementation of the two-thirds gender principle, a constitutional requirement that has remained contentious across public institutions.
President Ruto previously stopped short of committing to a specific timeline for Cabinet changes when asked about the issue during the Katiba Day celebrations in August, describing implementation of the broader gender requirement as work in progress.
