President William Ruto's Cabinet is facing another legal challenge after three petitioners moved to court seeking to stop 25 members of the national executive from exercising their official powers over alleged violation of the constitutional two-thirds gender rule.

The High Court in Nairobi issued directions on Thursday, November 5, 2026, setting deadlines for the parties to file their responses before the case proceeds.

According to Citizen Digital, the petition seeks to prevent Cabinet Secretaries and other members of the national executive from continuing to exercise their powers following the expiry of a court-imposed deadline requiring President Ruto to address the gender imbalance in his Cabinet.

The petition was filed by Eliud Karanja Matindi, Dr Magare Gikenyi Benjamin and Busia Senator Okiya Omtatah.

Justice Patricia Nyaundi declined to certify the application as urgent but directed the petitioners to serve the relevant documents on all respondents and interested parties by November 9, 2026.

The respondents have until November 24 to submit their responses. The petitioners will then have an opportunity to file a further affidavit within seven days after receiving the responses, but not later than December 2.

The matter will return to court on February 10, 2027, for further directions.

The Eastleigh Voice also reported the development, revealing that the petitioners want the court to prohibit 25 members of the national executive, including Deputy President Kithure Kindiki and Cabinet Secretaries, from presenting themselves as members of the national executive or exercising their official powers.

The petition follows a landmark judgment delivered on June 30, 2026, by a three-judge bench of the High Court.

Daily Nation reported that the judges found President Ruto's Cabinet unconstitutional because its composition violated Article 27(8) of the Constitution, which requires that no more than two-thirds of members of appointive or elective bodies should belong to the same gender.

The majority decision directed the President to reconstitute his Cabinet within 120 days to meet the constitutional requirement.

The Standard also reported the court's findings, explaining that the Cabinet's composition failed to meet the required gender threshold.

At the time of the judgment, the 25-member national executive comprised 18 men and seven women. The court established that at least two additional women were needed to meet the required threshold.

The Star subsequently reported that the 120-day compliance period expired on October 28, 2026, without the required Cabinet changes being announced.

The expiry of the deadline increased pressure on the President to address the constitutional issue.

People Daily also reported growing criticism of the government's failure to comply with the court directive, with former Chief Justice David Maraga raising concerns about respect for constitutional requirements and judicial authority.

The latest petitioners now want the court to issue conservatory orders preventing the affected officials from exercising their executive powers while the case is being determined.

They are also seeking orders to stop the Controller of Budget from approving public funds for the payment of salaries, allowances and other benefits to the affected officials in their capacity as members of the national executive.

However, the court has not granted these requests.

Justice Nyaundi's November 5 directions only established the timelines for filing responses and the next court appearance. The Cabinet Secretaries and other officials named in the petition have not been barred from performing their duties.

The case could have significant implications for the Ruto administration if the court eventually grants the orders sought by the petitioners.

For now, the government has an opportunity to respond to the allegations before the court makes a determination.

The next major development is expected on February 10, 2027, when the parties will return to court for further directions.

The dispute has renewed debate about constitutional compliance, gender representation and the responsibility of public officials to respect court decisions.

Should the court stop the affected Cabinet Secretaries from exercising their powers, or should President Ruto be given another opportunity to address the gender imbalance? Share your views in the comment section.