Katiba Institute, KHRC sue to block Ruto’s KNCHR nominee over gender rule breach

Two civil society organisations have filed a petition challenging President William Ruto’s nomination of Dr Duncan Oburu Ojwang as chairperson of the Kenya National Commission on Human Rights (KNCHR), citing constitutional violations and gender rule breaches.

Katiba Institute and the Kenya Human Rights Commission (KHRC) argue that the appointment contravenes Article 250(11) of the Constitution, which prohibits both the chairperson and vice-chairperson of an independent commission from being of the same gender.

The petition—filed as HCCHRPET E480 of 2025 at the High Court in Nairobi (Milimani)—was lodged just a day after the National Assembly announced via its X account that it had received Dr Ojwang’s nomination and would proceed with vetting.

The petitioners say the selection panel erred in shortlisting and recommending a male candidate, given that the current vice-chairperson of KNCHR, Dr Raymond Nyeris, is also male.

'Unconstitutional and discriminatory'

“The nomination is unconstitutional and discriminatory, especially against qualified women candidates, and it undermines national values including gender equity, rule of law, integrity, and inclusivity,” the petition states.

The two organisations accuse the President, the selection panel, and the National Assembly of failing to uphold the Constitution and the KNCHR Act, which they say require adherence to the two-thirds gender rule in public appointments.

Citing Articles 3(1), 10, 27, 73, 232, and 250(11) of the Constitution, the petition argues that the nomination process discriminated against qualified female candidates, unjustifiably restricted women’s right to equality, and disregarded the principles of integrity and public service.

International instruments

They further reference Kenya’s obligations under international instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol, which call for gender parity in public service appointments.

In their court filings, the lobby groups are seeking multiple declarations and orders, including the nullification of Dr Ojwang’s nomination and a directive for strict adherence to constitutional gender provisions in future appointments to independent commissions.

They also want the court to declare any actions or decisions resulting from the nomination unconstitutional and therefore null and void.

The case is scheduled for mention on 17 September 2025.

Legal scholar

Dr Ojwang is a respected legal scholar with expertise in human rights, constitutional law, and public policy, both nationally and internationally. He served as Dean of the School of Law at Africa Nazarene University from 2017 to January 2023.

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He has over a decade of teaching experience at the University of Nairobi and Africa Nazarene University, specialising in Environmental Law, Law and Development, Human Rights, and Constitutional Law.

Ojwang was also part of Kenya’s state delegation and worked as a researcher in the International Criminal Court (ICC) case involving President Ruto, who was then facing crimes against humanity charges. He has served as an election observer under the African Union.

More recently, he was a member of the technical team that prepared the National Dialogue Committee (NADCO) report—a joint initiative by President Ruto and former Prime Minister Raila Odinga—and took part in the Tumaini mediation process to support South Sudan’s path to democratic elections.