The High Court has referred a new application seeking enforcement of its ruling on gender representation in Cabinet to a three-judge bench, setting the stage for a fresh legal battle over the composition of the Executive.
The application, brought by five organisations, including Katiba Institute, the Centre for Rights Education and Awareness (CREAW), Transparency International Kenya (TI-Kenya), the Collaborative Centre for Gender and Development, and the Women’s Movement for Women (WMW), is scheduled for hearing on December 1, 2026.
The petitioners accuse the Executive of failing to implement a court judgment issued on June 30, 2026, which found that the composition of the Cabinet violated constitutional provisions on gender representation.
In the ruling, Justice Eric Ogola directed President William Ruto to appoint Cabinet Secretaries in compliance with Article 27(8) of the Constitution within 120 days.
The court’s deadline elapsed on October 28, with the organisations maintaining that the government had failed to take the necessary measures to correct the imbalance.
Consequently, the petitioners have returned to court seeking orders that would prevent Cabinet Secretaries from carrying out their official duties until the earlier judgment is implemented.
They are also seeking to bar the Secretary to the Cabinet from organising or facilitating Cabinet meetings, documenting decisions and communicating resolutions made during the meetings.
Further, the organisations want the Controller of Budget restrained from authorising salaries and benefits for Cabinet Secretaries, alongside expenditure related to Cabinet operations, effective October 28.
The application also seeks the urgent summoning of the Attorney General to provide an explanation on the government’s progress in complying with the court’s earlier directives.
The petitioners are asking the court to declare that the failure to implement the judgment amounts to deliberate disobedience of court orders and constitutes contempt of court.
The High Court has directed that the application be served on the respondents before the matter is heard by the three-judge bench.
Article 27(8) of the Constitution requires that not more than two-thirds of members of any appointive body should belong to the same gender.
In its June judgment, the court noted that Kenya’s 25-member Cabinet consisted of 18 men and seven women, meaning women accounted for approximately 28 per cent of the membership.
