Editor's Review

KHRC and Katiba Institute have filed a petition challenging Duncan Oburu Ojwang’s nomination as Chairperson of the Kenya National Commission on Human Rights (KNCHR).

The Kenya Human Rights Commission (KHRC)and Katiba Institute have filed a petition in the High Court challenging Duncan Oburu Ojwang’s nomination as Chairperson of the Kenya National Commission on Human Rights (KNCHR).

Ojwang was nominated for the position by President William Ruto, and his name was submitted to the National Assembly on Tuesday, August 5, for approval.

In the petition, KHRC and the Katiba Institute argued that the Constitution requires the Chairperson and Vice-Chairperson of any independent commission to be of different genders.

“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,” KHRC said in a statement.

The petitioners also argued that Ojwang’s nomination violated both the Constitution and the Kenya National Commission on Human Rights Act, emphasizing the requirement for gender diversity.

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File image of KNCHR Chairperson nominee Duncan Ojwang. 

They accused the Selection Panel, the President, and the National Assembly of failing to uphold national values, particularly gender equity, the rule of law, integrity, and inclusivity.

“Filed under Articles 3(1), 10, 27, 73, 232, and 250(11) of the Constitution, the Petition alleges that 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 also invokes international instruments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Maputo Protocol, which Kenya is bound to uphold,” KHRC stated.

The petitioners asked the court to nullify Ojwang’s nomination and issue a directive compelling strict compliance with the constitutional gender requirements for appointments to independent commissions.

Further, they asked the court to declare that any actions taken based on the unconstitutional nomination are invalid.

The case is set to be heard on September 17, 2025.