Court Backs Ruto's Appointment of ODM Leaders to Cabinet

A three-judge bench at Milimani Law Courts in Nairobi ruled on July 7, 2026 that the appointment of ODM-affiliated politicians to President William Ruto's broad-based Cabinet does not violate the Constitution of Kenya. Dismissing the petition by a 2-1 majority, the bench held that political party membership or affiliation does not constitute a constitutional disqualification from serving as a Cabinet Secretary.

The Petition and Its Core Arguments

The petition was filed by Katiba Institute and Busia Senator Okiya Omtatah. The petitioners argued that inviting active opposition figures into the executive branch of government fundamentally undermined Kenya's multi-party democracy and blurred the constitutional boundary between the government and the opposition.

The Court's Reasoning

The majority held that no provision in the Constitution of Kenya 2010 bars a person from Cabinet appointment on the basis of their political affiliation. The judges found that the President retains wide discretionary authority in Cabinet appointments under Article 152. One judge dissented.

Two Rulings, One Complex Picture

The Milimani ruling arrived just days after a separate High Court judgment ordered Ruto to reconstitute his Cabinet within 120 days to comply with the constitutional two-thirds gender rule. Together, the two decisions define the legal framework within which the President must manage his Cabinet in the months ahead.