Busia Senator Okiya Omtatah, along with Eliud Karanja Matindi and Dr. Magare Gikenyi, has filed a petition at the High Court in Milimani, Nairobi, seeking to bar 25 members of the national Executive, including President William Ruto, Deputy President, Attorney-General, and 22 Cabinet Secretaries, from performing official duties. The petitioners argue that the officials no longer have legal authority to hold office or exercise executive powers.
The petition follows a June 30 judgment that found the Cabinet breached the constitutional requirement that neither gender should occupy more than two-thirds of an appointive public body. The judges counted 25 members: the President, Deputy President, Attorney-General, and 22 Cabinet Secretaries, with 18 men and seven women, two short of the minimum nine women needed. The court directed the President to make appointments that comply with the gender parity rule within 120 days, which expired on October 28.
The petitioners contend that since no corrective appointments have been made, Kenya is currently without a constitutionally established national executive. They argue that the officials "ceased to be members of the national executive and Cabinet by operation of law" following the judgment. The petitioners want the court to declare that Cabinet members' positions ended on June 30 and their continued exercise of official powers is unlawful.
The applicants also seek to have Cabinet decisions made since June 30 declared invalid and the ministers ordered to refund public money received as remuneration. They want the ministers barred from claiming executive status or exercising powers under the Constitution and other laws. Additionally, they seek suspension of Executive Order No.1 of 2025, which assigns ministers responsibility for implementing Acts of Parliament.
The petition targets public appointments made by the Cabinet Secretaries, covering bodies including the Insurance Institute of Kenya Council, National Heroes Council, Moi Teaching and Referral Hospital Board, universities, and the Coffee Research and Training Institute. The applicants cite notices as proof that ministers continued exercising powers after the deadline.
The petition comes amid Attorney-General Dorcas Oduor's efforts to suspend the June 30 judgment pending appeal. The AG argues that the High Court's decision could disrupt Cabinet operations and that the appeal could be rendered nugatory if the ordered changes are completed before judges decide whether the judgment was correct. The Court of Appeal has yet to determine the request.
Key points
- The petitioners argue that President Ruto failed to obey a court order on gender balance, leading to a constitutional crisis.
- The court had directed the President to make appointments that comply with the gender parity rule within 120 days, which expired on October 28.
- The Attorney-General is seeking to suspend the June 30 judgment pending appeal, citing potential disruptions to Cabinet operations.
