The Katiba Institute (KI) and the Kenya Human Rights Commission (KHRC) have filed a petition in the High Court of Kenya, Petition No. E00C1PP/E01 E001 of 2025, to challenge the nomination of Dr. Duncan Oberu Ojwang as the Chairperson of the Kenya National Commission on Human Rights (KNHRC).
This legal action was prompted by an announcement on August 5, 2025, from the National Assembly’s X (formerly Twitter) account, which stated that it had received President’s nomination of Dr. Ojwang and that the vetting process would soon begin.
The core of the petition centers on Article 250(11) of the Constitution of Kenya. This article mandates that the Chairperson and Vice-Chairperson of an independent commission must not be of the same gender. Since the current Vice-Chairperson, Dr. Raymond Nyerere, is male, the nomination of another male, Dr. Ojwang, is seen as a direct violation of this constitutional provision. The petitioners highlight that despite this, the selection panel shortlisted and recommended Dr. Ojwang, and the President subsequently nominated him.
The petitioners argue that this nomination is unconstitutional and contradicts the Kenya National Commission on Human Rights Act, thereby undermining the principle of gender diversity. They contend that the Selection Panel, the President, and the National Assembly have failed in their duty to uphold national values, particularly those related to gender equity, the rule of law, integrity, and inclusivity.
The petition, filed under Articles 3(1), 10, 27, 73, 232, and 250(11) of the Constitution, further alleges that the nomination process discriminated against qualified women candidates, unjustly restricting their right to equality and undermining the principles of public service and leadership integrity. The case also references international agreements such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Beijing Protocol, to which Kenya is a signatory.
The petitioners are seeking several declarations and orders, including the nullification of Dr. Ojwang’s nomination. They also request a directive for strict compliance with constitutional gender requirements for all future appointments to independent commissions and for the court to declare that any actions taken based on this unconstitutional nomination are invalid.
This case is viewed as a crucial test of Kenya’s commitment to constitutional gender equity in public leadership and aims to challenge the ongoing practice of disregarding gender representation rules.
The court hearing is scheduled for 17 September 2025.