Kenya's High Court has declined to certify as urgent a petition seeking to bar President William Ruto and his cabinet from office over the government's failure to meet the constitutional gender balance rule.

In directions issued on Thursday 5 November, Justice Patricia Nyaundi refused the urgent certification sought by Busia Senator Okiya Omtatah and two fellow petitioners, Eliud Karanja Matindi and Dr Magare Gikenyi Benjamin. She directed them to serve the petition on all respondents and interested parties by 9 November, with responses due within 14 days or by 24 November.

What the petitioners want

The petition, filed on 2 November, asks the court to prohibit 25 members of the national executive — including President Ruto, Deputy President Kithure Kindiki, Attorney-General Dorcas Oduor and 22 cabinet secretaries — from presenting themselves as cabinet members or exercising the powers of their offices.

The petitioners also want Executive Order No. 1 of 2025 suspended, and the Controller of Budget barred from approving public money to pay the officials' salaries and benefits. They also seek declarations that the executive ceased to exist in constitutional form after the deadline passed, and that its decisions since then are invalid.

The judgment behind the case

The case follows a High Court judgment delivered on 30 June, which found Ruto's cabinet unconstitutional for breaching the two-thirds gender rule in Article 27(8). The bench found the 25-member executive had 18 men and only seven women, two short of the minimum nine required, and directed the appointing authority to reconstitute it within 120 days.

The petitioners say the deadline expired on 28 October without the changes, while the officials stayed in office. The court has not granted the conservatory orders sought, and the matter will be mentioned on 10 February 2027 for further directions.