The High Court in Kenya has delivered a split ruling allowing President William Ruto to reappoint Cabinet Secretaries who had earlier been dismissed during the 2024 Cabinet shake-up.

The majority decision, issued by Justices Eric Ogola and Anthony Mrima, clarified that removal from office under Article 152(5)(b) of the Constitution is mainly a political and administrative step, and does not automatically disqualify an individual from holding public office in future.

The judges emphasised that none of the reappointed officials had been removed due to violations of Chapter Six, which deals with leadership and integrity, and therefore their return to Cabinet did not breach constitutional requirements.The court also dismissed claims that including opposition politicians in Cabinet weakens Kenya’s multi-party democracy.

According to the majority, the Constitution does not prevent members of opposition parties from serving in government, nor does it formally establish the role of an official opposition.However, Justice Jairus Ngaah strongly disagreed in his dissent.

He argued that reappointing individuals who had been dismissed for poor performance was unreasonable and failed the constitutional test of suitability for public office.He also raised concern that bringing opposition leaders into Cabinet without a clear coalition framework could undermine democratic structures.Despite upholding the appointments, the court found the current Cabinet unconstitutional due to failure to meet the two-thirds gender rule.With 18 men and 7 women, the composition does not comply with Article 27(8).The President has now been given 120 days to correct this imbalance.

The ruling also upheld the appointment of the Attorney-General and confirmed that Parliament largely met public participation requirements during vetting.Overall, the judgment supports the legality of Ruto’s actions but demands adjustments to meet constitutional gender standards.