By GPC Correspondent
Former Chief Justice David Maraga has stepped up pressure on President William Ruto to comply with a court order requiring him to reconstitute the Cabinet to meet the constitutional two-thirds gender rule.
Maraga, who is the possible the United Green Movement (UGM) 2027 presidential flagbearer, accused the President of defying the Constitution after the October 28 deadline for implementing the High Court directive expired without evidence of compliance.
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He warned that the failure to obey the order threatened constitutional supremacy and could undermine the authority of the Judiciary.
“This is not about two Cabinet appointments. It is about whether the President and the Executive accept that the Constitution binds them, and whether court orders must be obeyed,” Maraga said.
The former Chief Justice, who is also the Convenor of the People’s Convention, said the dispute went beyond the representation of women in the Cabinet, raising fundamental questions about respect for the rule of law.
The High Court, on June 30, 2026, ruled that the composition of Ruto’s 25-member Cabinet violated Article 27(8) of the Constitution, which requires that no more than two-thirds of members of an elective or appointive public body be of the same gender.
A three-judge bench comprising Justices Eric Ogola, Stephen Githinji and Jairus Ngaah delivered the ruling in the case of Ole Kanchory & 10 Others v President of the Republic of Kenya & 32 Others.
The judges established that the Cabinet comprised 18 men and seven women, leaving women with approximately 28 per cent representation, below the constitutional threshold.
They directed the President to make appointments that would bring the Cabinet into compliance within 120 days.
The 120-day compliance period expired at midnight on October 28, leaving the President under renewed pressure to implement the directive.
Maraga warned that continued defiance of the court order could have far-reaching consequences for constitutional governance, including questions about the legality of decisions made by a Cabinet whose composition violates the Constitution.
“When the President chooses not to comply with a court order, he invites every other public officer to do the same. That is how constitutional government begins to collapse,” he said.
His remarks came a day after the Court of Appeal declined an application by Attorney-General Dorcas Oduor seeking to suspend the High Court judgment pending an intended appeal.
The appellate court’s decision means the High Court order remains in force unless a competent court issues a contrary directive.
Maraga urged civil society organisations, professional bodies, women’s organisations and members of the public to demand that the President respect the court’s decision.
He maintained that the two-thirds gender principle was a constitutional obligation intended to promote inclusive governance and equal representation, rather than a political favour to women.
