Eliud Matindi seeks orders barring Cabinet Secretaries from exercising executive powers after a court deadline for gender compliance expired.
The High Court has declined to certify the latest Ruto Cabinet challenge as urgent. The petition seeks to stop Cabinet Secretaries from exercising executive powers after a gender-compliance deadline expired.
Justice Patricia Nyaundi instead directed petitioner Eliud Matindi to serve the petition and accompanying application by November 9. The case will come up for mention on February 10, 2027.
Respondents have until November 24, or 14 days after service, to file their responses. Meanwhile, Matindi has seven days after service to file a further affidavit, but no later than December 2.
Gender ruling behind the Ruto Cabinet challenge
The petition follows a June 30, 2026 judgment on the Cabinet’s compliance with Article 27(8) of the Constitution. A three-judge bench found that its composition fell short of the two-thirds gender requirement.
Justices Eric Ogola and Stephen Githinji formed the majority in the split decision. They gave the appointing authority 120 days to reconstitute the Cabinet, while Justice Jairus Ngaah dissented.
At the time, women held seven Cabinet positions, representing about 28 per cent of its membership. Men held 18 positions, or 72 per cent. The majority found a shortfall of two women and set October 28 as the compliance deadline.
However, Matindi argues that President William Ruto failed to implement the directive within that period. He also maintains that no court order had stayed the judgment.
Petitioner seeks restrictions on powers and pay
To support his application, Matindi cites Gazette Notices that several Cabinet Secretaries issued on October 30. They include John Mbadi Ng’ongo, Hanna Wendot Cheptumo, Aden Duale, Julius Migos Ogamba, Mutahi Kagwe and Beatrice Askul Moe.
He argues that these notices demonstrate the officials’ continued exercise of powers reserved for the national executive. In his view, the expiry of the compliance period left no constitutionally valid national executive or Cabinet.
Matindi therefore seeks conservatory orders barring the affected officials from acting as national executive members pending the case’s determination. He also wants restrictions on their exercise of Cabinet powers and functions.
In addition, he seeks partial suspension of Executive Order No. 1 of 2025, which assigns them statutory responsibilities. His application also asks the court to restrain the Controller of Budget from approving public-fund withdrawals for their salaries and benefits.
Ultimately, Matindi wants declarations that Ruto failed to comply with the June judgment. He further asks the court to declare the affected officials’ continued exercise of executive authority unconstitutional.
