The High Court has dealt President William Ruto a major blow after declaring his Cabinet unconstitutional for failing to meet the two-thirds gender rule required by the Constitution.
In a landmark ruling delivered on July 1, 2026, a three-judge bench found that the current Cabinet does not comply with Article 27(8) of the Constitution, which states that no more than two-thirds of members of appointive public bodies should be of the same gender.
The court has given the President 120 days to reconstitute his Cabinet and rectify the gender imbalance.
Speaking in Budalang'i Constituency, Busia County, ODM Acting Secretary General Catherine Omanyo has thrown her weight behind the court's decision.
The Busia Woman Representative said the ruling will open up more employment and leadership opportunities for women in the Cabinet and other government departments. She argued that women have for years been sidelined in appointments to senior public offices, and it is time that changed.
Omanyo called on President Ruto to implement the court's directive without delay by appointing more women to the Cabinet before the deadline expires. She said compliance with the ruling would demonstrate the government's commitment to upholding the Constitution and promoting gender equality.
The ODM leader also urged women across the country to actively seek elective positions, saying the 2010 Constitution guarantees them the right to contest for all political offices, including the presidency.
The ruling followed a petition filed by the Katiba Institute, the Centre for Rights Education and Awareness (CREAW), and Transparency International Kenya, who challenged the legality of the Cabinet constituted after the 2024 dismissals and subsequent appointments.
Currently, President Ruto's Cabinet of 22 Cabinet Secretaries has only six women, falling short of the constitutional threshold by at least two appointments. To comply, the President may be forced to replace two male Cabinet Secretaries with women.
Omanyo insisted that women should not be viewed merely as beneficiaries of gender parity but as capable leaders who can drive meaningful change in government. She stated, "The court was right, and women have never been baggage. It is never about inclusion.
It is about transformation". The ODM leader further noted that increased participation of women in leadership would strengthen democracy, promote inclusive governance, and accelerate national development.
ODM has already indicated it is ready to front some of its members to fill the expected vacancies. Omanyo singled out ODM Chairperson Gladys Wanga and MPs Rosa Buyu, Elsie Muhanda, and Beth Syengo as women with the experience and expertise required to serve in Cabinet.
"We are spoilt for choice," she said, adding that the party has no shortage of competent women leaders ready to take up national leadership positions if called upon.
The two-thirds gender rule has remained one of Kenya's most contested constitutional provisions since the 2010 Constitution was promulgated. Successive governments have faced criticism and legal challenges over failure to fully implement it in public appointments.
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