Kenya High Court Upholds Some Ruto Reappointments but Declares Cabinet Unconstitutional over Gender Rule

Kenya's High Court on June 30 issued a split decision that upheld President William Ruto's reappointment of several Cabinet Secretaries dismissed during the 2024 Cabinet shake-up. Justices Eric Ogola and Anthony Mrima wrote the majority opinion. They held that dismissal under Article 152(5)(b) of the Constitution is a political and administrative action that does not permanently disqualify a person from public office unless it stems from a violation of Chapter Six.

The judges found that none of the reappointed secretaries had been removed for breaching those leadership and integrity provisions. The majority also ruled that the Constitution neither establishes an official opposition nor bars qualified members of opposition parties from serving in the Executive.

It upheld the appointment of the Attorney-General and found that Parliament had substantially complied with public participation requirements during the vetting of nominees.

Justice Jairus Ngaah dissented. He stated that the reappointment of individuals dismissed for below-par performance was irrational and inconsistent with the constitutional requirement of suitability for public office. He further argued that appointing senior opposition politicians to the Cabinet without a formal coalition arrangement undermined Kenya's system of multi-party democracy.

The court declared the current Cabinet unconstitutional because it fails to meet the two-thirds gender principle. The body has 18 men and seven women among its 25 members. The judges directed President Ruto to make appointments of Cabinet Secretaries in conformity with Article 27(8) within 120 days.