Seasoned Legal Scholar Declines Ruto’s Appointment to Head KNCHR
Respected legal expert Duncan Oburu Ojwang has officially turned down his nomination by President William Ruto to serve as the new Chairperson of the Kenya National Commission on Human Rights (KNCHR).
In a letter addressed to National Assembly Speaker Moses Wetang’ula on Tuesday, August 13, Ojwang explained that he could not take up the position due to personal reasons and what he described as a conflict of interest.
His withdrawal comes just days after the President nominated him on August 5 to replace the late Roseline Odhiambo Odede, who previously held the position until her passing.
Ojwang’s decision effectively halted his planned vetting session, which had been scheduled for Wednesday, August 13. Speaker Wetang’ula informed Members of Parliament that the Departmental Committee on Justice and Legal Affairs must stop any further consideration of Ojwang’s nomination.
He also instructed the Clerk of the National Assembly to promptly inform the appointing authority — in this case, President Ruto — of the development.
The nomination had already been facing legal hurdles. The Katiba Institute and the Kenya Human Rights Commission (KHRC) had jointly filed a petition in court seeking to block the appointment.
They argued that the nomination violated Kenya’s constitutional and statutory gender balance requirements.
Their case pointed out that the current Deputy Chairperson of KNCHR, Raymond Nyeris, is male, meaning the appointment of another man as chair would go against Article 250(2) of the Constitution.
This provision clearly states that the positions of chairperson and vice-chairperson in a constitutional commission cannot be held by individuals of the same gender.
The petitioners also cited Section 1(6) of the Second Schedule to the KNCHR Act, which reiterates that the two top leadership roles should be held by persons of opposite genders.
Ojwang had emerged among six candidates shortlisted in May from a pool of 17 applicants. He is widely regarded in the legal fraternity for his academic and professional contributions.
From 2017 until January 2023, he served as the Dean of the School of Law at Africa Nazarene University.
Before that, he lectured at the University of Nairobi, where he taught various subjects including constitutional law, human rights, environmental law, and the relationship between law and development.
His career spans decades of scholarship, advocacy, and engagement in human rights work, making him one of the country’s most experienced voices in legal education and constitutional matters.
Ojwang’s withdrawal marks a significant turn in the process of filling the KNCHR leadership position, leaving President Ruto to identify a new nominee who meets both the legal requirements and the expectations of Kenya’s human rights community.
Join WANTAM Official WhatsApp Channel To Stay Updated On time
https://whatsapp.com/channel/0029VaWT5gSGufImU8R0DO30
