Recycled cabinet: Court-ordered reshuffle revives scrutiny of Ruto's broad-based ministers

President William Ruto's impending Cabinet reshuffle has revived scrutiny of a Cabinet that critics say has struggled to inspire public confidence after the President re-appointed several ministers who became the face of public anger during the 2024 Gen Z protests.

The president dropped his entire cabinet after the protesters demanded that they be removed from office, because of incompetence, corruption and lack of accountability in the ministries. He however slowly re-appointed a majority of them, leading to the court petition.

On Tuesday, the High Court directed President Ruto to reconstitute his Cabinet within 120 days because it does not meet the two thirds constitutional requirement. The order also exposed constitutional shortcomings in the composition of his administration.

It has also reopened debate over whether the President squandered an opportunity to reform his government when he reinstated many of the Cabinet Secretaries he had dismissed at the height of the anti-government protests.

The majority of the three-judge bench found that the Cabinet, as currently constituted, does not meet the Constitution's two-thirds gender requirement.

In arriving at that finding, the judges clarified that National Security Adviser Monica Juma, Attorney General Dorcas Oduor, Secretary to the Cabinet Felix Koskei and presidential advisers Harriet Chiggai and Mercy Wanjau are not members of the Cabinet and therefore cannot be considered in determining whether the Cabinet complies with constitutional requirements.

While the majority judgment focused on the gender principle, Justice Jairus Ngaah, in a separate opinion, questioned the decision to reappoint Cabinet Secretaries who had been dismissed after the Gen Z protests.

He also questioned the constitutional basis of Cabinet appointments arising from the Kenya Kwanza-ODM broad-based political arrangement, arguing that such appointments required a clearer constitutional and statutory framework.

Although Justice Ngaah's views did not form part of the court's binding orders, they have reignited a political debate that has simmered since July last year.

The Gen Z protests, initially triggered by opposition to the Finance Bill 2024, quickly evolved into a wider expression of frustration over the high cost of living, unemployment, corruption, police brutality and what many protesters described as poor governance and a disconnect between government and ordinary citizens.

As demonstrations intensified across the country, President Ruto took the unprecedented step of dissolving his entire Cabinet, saying he had listened to the concerns raised by Kenyans and was determined to establish a more efficient government.

The announcement was widely interpreted as an acknowledgement that the administration needed a fresh start. That expectation, however, was short-lived.

Within weeks, the President reappointed several of the ministers who had served in the dissolved Cabinet, including Aden Duale, Kipchumba Murkomen, Davis Chirchir, Alice Wahome and Moses Kuria. While State House defended the appointments as necessary to ensure continuity in government, critics argued that the exercise fell short of the accountability and renewal many Kenyans had expected.

 Out of the total 22 CS', only five are women, namely Rebecca Miano, Rosalinda Tuya, Beatrice Askul, Hannah Wendot and Alice Wahome. It remains to be seen whether President Ruto will drop three male mionisters and replace them with women or if he will use the opportunity to reshuffle his cabinet.

The impending reshuffle has once again brought those decisions under the spotlight.

Political analysts say the President now has an opportunity to go beyond the minimum constitutional changes required by the court and undertake a broader review of his administration.

Political communication expert Charles Nyambuga said the court’s observations on President William Ruto’s decision to reappoint ministers dismissed after the 2024 Gen Z protests were justified, arguing that the move undermined public confidence in the administration.

“Cabinet Secretaries are supposed to be non-partisan, yet we have seen many of them making political pronouncements, which raises concerns about the separation between politics and governance. That has contributed to growing public dissatisfaction,” Nyambuga said.

He argued that by dissolving the Cabinet during the Gen Z protests, the President had effectively acknowledged a loss of confidence in his team.

“Once you dismiss an entire Cabinet in response to public pressure, it becomes difficult to justify bringing back many of the same individuals. 

"The Gen Z protests reflected deep public concerns about governance, and reappointing ministers who had become the focus of those protests sent the wrong message,” he said.

According to Nyambuga, the High Court’s directive requiring President Ruto to reshuffle his Cabinet places the Head of State in a difficult political position ahead of the 2027 General Election.

“The President is in a political dilemma. Any significant changes to the Cabinet could upset key political allies and affect the delicate political balance he has built, including through the broad-based arrangement. That makes compliance with the court order as much a political challenge as it is a legal one,” he said.

Nyambuga, however, noted that Kenya has previously witnessed instances where court orders involving the Executive have not been implemented immediately, suggesting the President’s next move will be closely watched.

"Every reshuffle carries both legal and political consequences. This one is different because it follows sustained public criticism of the Cabinet and now comes against the backdrop of a court judgment requiring changes to its composition," he added

The reshuffle also presents a personal and political dilemma for President Ruto.

Several of the ministers whose performance has repeatedly attracted public scrutiny are among his longest-serving political allies.

Interior Cabinet Secretary Kipchumba Murkomen and Energy Cabinet Secretary Davis Chirchir were founding members of the former United Republican Party (URP), the party through which Dr Ruto built his national political base before its merger with The National Alliance to form the Jubilee Party. 

Environment Cabinet Secretary Aden Duale was also one of URP's senior figures before serving as Leader of Majority in the National Assembly, becoming one of the President's closest political confidants.

Their long-standing relationship with the President is expected to make any decision regarding their future politically delicate.

The court's clarification that advisers and other State officials who attend Cabinet meetings cannot be counted as members of Cabinet also narrows the President's options in complying with the Constitution, making changes to the composition of the Cabinet unavoidable.

For many Kenyans, however, the coming reshuffle represents more than an exercise in meeting constitutional 

Jirus Nyambane,a Nairobi resident said many young people were disappointed when familiar faces returned to government after the Gen Z protests.

“Many of us felt the Cabinet dissolution was a chance for real change. When the same ministers came back, it looked like nothing had changed,” he noted.

He added that the reshuffle should focus on competence and service delivery rather than political loyalty.

“People are struggling with the cost of living. Kenyans want a Cabinet that delivers results, not just familiar political names,” Nyambane said.

He further said the President should use the court order to restore confidence in government.

“This is an opportunity to show that public concerns matter. A reshuffle should not just satisfy the law; it should also restore trust,” he said.

As State House prepares to comply with the High Court's directive, attention is shifting from the courtroom to the President's next move.

The judges have settled the constitutional question. The political question remains unresolved.

Whether President Ruto chooses to make the minimum changes required by the court or undertakes a broader overhaul of a Cabinet that has faced sustained public criticism since the 2024 Gen Z protests could shape public confidence in his administration and influence the political landscape as Kenya moves towards the 2027 General Election.