Okiya Omtatah, along with Eliud Karanja Matindi and Dr. Magare Gikenyi Benjamin, has filed a petition with the High Court of Kenya, challenging the legality of the current Cabinet. They argue that its composition violates the Constitution's two-thirds gender requirement as stipulated under Article 27(8). This petition comes after a June 30, 2026 court ruling that directed the President to make necessary changes within 120 days to comply with the gender balance requirement.
The petitioners claim that the deadline for compliance has expired, and as a result, the current Cabinet Secretaries lack the legal authority to exercise powers assigned to Cabinet members. They are seeking to bar the 25 respondents from performing duties reserved for Cabinet members. Additionally, they aim to stop the Controller of Budget from approving their salaries and benefits, emphasizing the need for the Cabinet to adhere to constitutional mandates.
The case, however, faced an initial setback when the High Court declined to certify it as urgent. Justice Patricia Nyaundi provided directions for the petitioners to serve the case on the respondents by November 9, 2026, with responses expected by November 24, 2026. This timeline indicates that the court is allowing the respondents an opportunity to present their side of the case before proceeding.
The petition specifically targets the Cabinet's current composition, arguing that it does not meet the constitutional requirements regarding gender balance. According to the petitioners, this non-compliance renders the Cabinet's actions and decisions legally questionable. The case highlights the ongoing struggle to ensure that Kenya's governance structures adhere strictly to the principles outlined in the Constitution.
The court's decision on this matter could have significant implications for the operations of the Cabinet and the broader governance landscape in Kenya. If the court rules in favor of the petitioners, it could necessitate a reconstitution of the Cabinet to ensure compliance with the gender balance requirement. This, in turn, might impact the implementation of policies and the execution of governmental functions.
The case is scheduled to be mentioned on February 10, 2027, indicating that the judicial process will continue into the new year. This timeline allows for the collection of more information and legal arguments from both sides, ensuring a thorough examination of the petition's merits. The involvement of high-profile activists like Omtatah underscores the significance of this legal challenge.
The outcome of this case will be closely watched by various stakeholders, including legal experts, activists, and the general public. It represents a critical test of Kenya's commitment to upholding constitutional principles, particularly those related to gender equality in public appointments. The court's final decision will provide clarity on the legal obligations of the Cabinet concerning gender balance.
Key points
- The petition challenges the Cabinet's legality due to non-compliance with the Constitution's two-thirds gender requirement.
- The court has given respondents until November 24, 2026, to respond to the petition.
- The case's outcome could necessitate a reconstitution of the Cabinet to ensure compliance with gender balance requirements.
