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Court of Appeal Declines Urgency in AG’s Bid to Save Cabinet Over Gender Rule Threshold
NAIROBI, Kenya — The Court of Appeal has declined to certify as urgent an application by the Attorney General seeking to stay a High Court judgment that declared Kenya’s Cabinet unconstitutional for violating the two-thirds gender principle.
Instead of issuing emergency stay orders, the appellate bench directed all involved parties to serve and exchange their written submissions within 30 days.
The directive comes as the State challenges the June 30 High Court ruling, which required the government to reconstitute Cabinet appointments to align with constitutional gender standards within a 120-day timeline.
The Attorney General petitioned the appellate court under Rule 5(2)(b) of the Court of Appeal Rules, 2022, requesting a freeze on the judgment’s execution while the main appeal is heard.
The State contends that enforcing the decision immediately could trigger widespread disruption across executive operations and destabilize key government functions.
In a supporting affidavit, Executive Office of the President Principal Administrative Secretary Arthur A. Osyia cautioned that compliance would demand major administrative changes.
He noted that submitting new nominations, awaiting parliamentary vetting, and making fresh appointments would alter the very Cabinet composition in dispute, creating legal complications should the government win the appeal.
The appeal further challenges the High Court’s interpretation of Articles 27(8) and 152, asserting that the three-judge bench overlooked the constitutional framework governing Executive appointments.
The State claims the 120-day deadline oversteps judicial limits, disregards progressive realization, and infringes on the separation of powers involving the President and National Assembly.
The underlying judgment stemmed from consolidated petitions where High Court Justices E.K. Ogola and Stephen Githinji ruled that the Cabinet fell short of the mandatory gender ratio, with Justice Jairus Ngaah dissenting. The AG’s Notice of Appeal remains pending as submissions proceed.
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