Milimani Law CourtsKatiba Institute and the Kenya Human Rights Commission (KHRC) have moved to the High Court to challenge Dr Duncan Oburu Ojwang’s nomination as chairperson of the Kenya National Commission on Human Rights (KNCHR).
The petition follows the announcement made on August 5 by the National Assembly via its X handle that it had received the President’s nomination of Dr Ojwang and would proceed to vetting.
At the heart of the petition is Article 250(11) of the Constitution of Kenya.
The petitioners said it “expressly prohibits the chairperson and vice-chairperson of any independent commission from being of the same gender.”
They noted that the current vice-chairperson, Dr Raymond Nyeris, is male.
"Despite this, the selection panel invited, shortlisted and recommended another male, Dr Ojwang, for the position, and the President subsequently nominated him.”
The petitioners said the nomination “violates the Constitution and the Kenya National Commission on Human Rights Act,” reiterating the gender diversity requirement.
They accused the Selection Panel, the Executive, and the National Assembly of failing to uphold national values, particularly gender equity, rule of law, integrity, and inclusivity.
“The process discriminated against qualified women candidates, unjustifiably limited women’s rights to equality, and disrespected the principles of public service and leadership integrity,” the petition alleged.
The petitioners also invoked international instruments: “The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Maputo Protocol, which Kenya is bound to uphold.”
The petition seeks various declarations and orders, including the nullification of Dr Ojwang’s nomination and a directive compelling “strict compliance with the constitutional gender requirements for appointments to independent commissions.”
Petitioners further want the court to declare that “any actions taken based on the unconstitutional nomination are invalid.”
The case, which challenges the continued practice of ignoring binding gender representation provisions, will be in court next on September 17, 2025.
