The High Court has ruled that President William Ruto acted within the Constitution when appointing opposition-affiliated leaders to his cabinet. The decision rejects a petition challenging five specific cabinet secretaries. Justices delivered the majority ruling on July 7 at Milimani Law Courts.
A three-judge bench rejected claims that the appointments violated constitutional requirements on multi-party democracy. The petitioners included Katiba Institute and Senator Okiya Omtatah. They argued that naming opposition figures undermined the political system.
In a 2-1 decision the judges stated that political affiliation does not disqualify anyone from serving as cabinet secretary. The ruling covers National Treasury CS John Mbadi, Wycliffe Oparanya, Opiyo Wandayi, Hassan Joho and Beatrice Askul. All five were affiliated with the Orange Democratic Movement at the time of appointment.
The court also upheld the president's reappointments after the 2024 cabinet dissolution. Justices Eric Ogola, Jairus Ngaah and Stephen Githinji found no breach of leadership and integrity rules under Chapter Six. The ruling came days after a separate decision that faulted the cabinet for failing the two-thirds gender rule.