Petition Filed Against Ruto’s Nominee for KNCHR Chairperson
The Kenya Human Rights Commission (KHRC), working together with the Katiba Institute, has moved to the High Court to challenge the nomination of Duncan Oburu Ojwang as the next Chairperson of the Kenya National Commission on Human Rights (KNCHR).
President William Ruto had nominated Ojwang and submitted his name to the National Assembly for vetting and approval. However, the two rights groups now want the court to block the appointment.
In their petition, the KHRC and Katiba Institute claim that the nomination goes against Article 250(11) of the Kenyan Constitution, which clearly states that the Chairperson and Vice-Chairperson of an independent commission must not be of the same gender.
According to them, the current Vice-Chairperson of KNCHR, Dr. Raymond Nyeris, is male. Despite this, they argue that the selection panel went ahead to invite, shortlist, and recommend another man for the top post. The President then acted on that recommendation and picked Ojwang, disregarding the constitutional requirement for gender diversity.
“The petitioners believe that this decision violates both the Constitution and the Kenya National Commission on Human Rights Act,” the KHRC said in a public statement. “It ignores the critical requirement for gender balance.
The selection panel, the President, and the National Assembly have all failed to uphold Kenya’s core values such as gender equality, respect for the law, integrity, and inclusiveness in public appointments.”
They added that this nomination unfairly overlooked capable women candidates, limiting their right to equal opportunities in public service.
They described the move as discriminatory and inconsistent with the principles of transparency, fairness, and leadership integrity that public service must uphold.
The petition is asking the High Court to cancel the nomination of Prof. Ojwang and order that a new, constitutionally appropriate candidate be selected.
It also wants the court to declare that any steps taken based on the nomination – including possible approval or appointment – are unlawful and invalid.
“The petition calls for several legal orders and declarations, including the nullification of Prof. Ojwang’s nomination.
It also seeks a firm directive from the court requiring full compliance with gender requirements as outlined in the Constitution for all appointments to independent commissions,” KHRC’s statement further noted.
KHRC praised the move to file the petition, saying it represents a bold challenge against a recurring trend of ignoring the law on gender representation. They called it a crucial test for Kenya’s dedication to constitutional values, especially in promoting gender equality in leadership positions.
The case has been scheduled for hearing on September 17.
Notably, President Ruto’s nomination of Ojwang came just a day after he made two other nominations to the National Police Service Commission (NPSC), raising further debate on the issue of gender equity in top public appointments.
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