The High Court of Kenya has declined to certify as urgent a petition filed by Eliud Matindi, which seeks to bar Cabinet Secretaries from exercising executive powers due to the expiry of a court-ordered deadline for President William Ruto to reconstitute a gender-compliant Cabinet. In directions issued on Thursday, November 3, Justice Patricia Nyaundi directed Matindi to serve the petition and an accompanying application on the respondents and interested parties by November 9.
The petition follows a June 30, 2026 determination by a three-judge bench that found the composition of the national Cabinet fell short of the two-thirds gender requirement under Article 27(8) of the Constitution. The majority, comprising Justices Eric Ogola and Stephen Githinji, directed the appointing authority to reconstitute the Cabinet within 120 days to comply with the constitutional gender threshold, setting October 28 as the deadline for compliance.
At the time of the determination, the Cabinet comprised 25 members, including the President, Deputy President, Attorney General, and 22 Cabinet Secretaries. Seven were women, representing approximately 28 per cent, while 18 were men, or 72 per cent. The majority found that the composition fell short of the constitutional threshold by two women. Matindi argues that President Ruto failed to implement the directive within the stipulated period, despite there being no orders staying the judgment.
In the petition, Matindi accuses President Ruto and other respondents of disregarding the court’s decision while continuing to conduct government business under a Cabinet whose composition he considers unconstitutional. Matindi cites Gazette Notices issued on October 30 by several Cabinet Secretaries, including John Mbadi Ng’ongo, Hanna Wendot Cheptumo, Aden Duale, Julius Migos Ogamba, Mutahi Kagwe, and Beatrice Askul Moe, as evidence that they continue to exercise powers and discharge responsibilities.
The petitioner is seeking conservatory orders to stop the affected Cabinet Secretaries from holding themselves out as members of the national executive or exercising the powers and functions of Cabinet pending determination of the case. He also wants Executive Order No. 1 of 2025 suspended to the extent that it assigns statutory responsibilities to the Cabinet Secretaries in their capacity as members of the national executive.
The court has granted the respondents until November 24, or 14 days after service, to file their responses. Matindi has been granted seven days after service to file a further affidavit, but not later than December 2, ahead of a mention on February 10. A hearing has been set for 2027, although the exact date has not been specified. The petitioner argues that allowing the officials to continue making decisions and exercising executive authority under a Cabinet he considers unconstitutional threatens the country’s constitutional order.
The case will have significant implications for the country’s constitutional order and the operations of the national executive. Key issues to be determined include whether President Ruto complied with the court’s directive to reconstitute a gender-compliant Cabinet and whether the continued exercise of executive authority by the affected officials is constitutional.
Key points
- The High Court has declined to certify as urgent a petition challenging President William Ruto's Cabinet over non-compliance with a court-ordered gender threshold.
- The petition, filed by Eliud Matindi, seeks to bar Cabinet Secretaries from exercising executive powers due to the expiry of a court-ordered deadline for a gender-compliant Cabinet.
- A hearing has been set for 2027, with the court granting respondents and interested parties time to file their responses and the petitioner to file a further affidavit.
