Ruto faces court bid to freeze Cabinet funds over gender rule

President William Ruto is facing renewed pressure to comply with the constitutional two-thirds gender rule, with five organisations asking the High Court to suspend the Cabinet and bar Cabinet Secretaries from performing their duties over the failure to meet a court-ordered deadline.

The petitioners want the court to halt Cabinet operations, stop the implementation of its decisions and block public funds from being used to finance Cabinet activities until the government complies with the constitutional requirement on gender representation.

The High Court in Malindi has certified the application as urgent following a petition filed by Katiba Institute, the Centre for Rights Education and Awareness (CREAW), Transparency International Kenya (TISA), CRAWN Trust and the Women's Movement for Women in Kenya.

The organisations are seeking orders to suspend the Cabinet Secretaries from exercising their functions after the expiry of a 120-day period granted to the President on June 30, 2026, to reorganise his Cabinet in line with the Constitution.

They also want the Secretary to the Cabinet barred from convening meetings, documenting Cabinet decisions or communicating resolutions reached during such meetings.

In another request, the petitioners want the Controller of Budget restrained from authorising salaries, benefits and expenditure linked to Cabinet business from October 28, the date the court's compliance deadline lapsed.

The organisations have further asked the court to summon the Attorney-General to explain why the President has not implemented the judgment.

They want the failure to comply with the court orders declared wilful disobedience amounting to contempt of court.

However, the petitioners have asked the court to postpone any punishment or personal liability against the President until he leaves office at the end of his term.

In directions issued on November 9, Justice E. Ogola ordered the applicants to serve the respondents and interested parties within three days. The parties have until November 19 to file their responses.

The matter is scheduled for a virtual mention before a three-judge bench on December 1, 2026, when further directions will be issued.

The latest application follows a June 30 judgment in which a three-judge High Court bench found that the composition of Ruto's Cabinet breached Article 27(8) of the Constitution.

The provision requires that no more than two-thirds of members of appointive public bodies belong to the same gender, ensuring representation of both men and women in public institutions.

The court gave the President 120 days to reorganise his Cabinet and bring its composition into line with the constitutional requirement. The deadline expired on October 28 without the required changes being made.

The government subsequently challenged the decision at the Court of Appeal, seeking to overturn the High Court ruling.

However, on October 29, the appellate court declined to suspend the orders pending the determination of the appeal, meaning the original deadline remained in force.

At the time of the June ruling, the Cabinet had 25 members, comprising the President, Deputy President, Attorney-General and 22 Cabinet Secretaries. Of these, 18 were men and seven were women, falling short of the constitutional threshold.

The current Cabinet has six female Cabinet Secretaries and a female Attorney-General, compared to 18 male members, leaving the government facing continued pressure to address the gender imbalance.