Court Battle Looms Over Ruto’s Controversial KNCHR Nominee

Court Battle Looms Over Ruto’s Controversial KNCHR Nominee

A fierce legal storm is brewing after the Kenya Human Rights Commission (KHRC) and the Katiba Institute jointly moved to court to block the nomination of Duncan Oburu Ojwang as the new Chairperson of the Kenya National Commission on Human Rights (KNCHR).

The two bodies have filed a detailed petition at the High Court, accusing President William Ruto of violating the Constitution by nominating a man to head the commission, despite the Vice-Chairperson, Dr Raymond Nyeris, also being male.

They claim the move violates Article 250(11) of the Constitution, which states that “The Chairperson and Vice-Chairperson of an independent commission shall not be of the same gender.”

“Despite prior legal advice, the selection panel shortlisted and recommended a male candidate, and the president nominated him, ignoring the constitutional gender requirement,” read the petition in part.

The human rights watchdogs argue that this decision undermines Kenya’s constitutional promise to uphold gender equity, inclusivity, and leadership integrity. They insist the nomination discriminated against competent and qualified women.

“This nomination violates not only the Constitution but also the Kenya National Commission on Human Rights Act. It sends a clear message that women’s leadership is expendable,” added KHRC in their strongly worded statement.

They are now demanding the nullification of Ojwang’s nomination and want a court order compelling all future appointments to strictly adhere to gender rules. The petitioners also want the court to declare any actions taken under Ojwang’s tenure as null and void.

“We’re asking the court to compel a fresh, constitutionally compliant nomination process that reflects Kenya’s national values and gender balance,” the petition continues.

The petition comes just days after President Ruto made two new nominations to the National Police Service Commission, sparking more concerns about the administration’s disregard for constitutional inclusivity.

The case, which is set to be heard on September 17, is being seen as a critical test of Kenya’s resolve to enforce its gender representation laws, particularly in top public offices.

“This petition challenges the ongoing pattern of ignoring gender representation rules in leadership. It’s time the courts take a firm stand,” said a KHRC spokesperson.

If successful, the petition could set a new legal precedent and shake up ongoing and future government appointments.

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Court Battle Looms Over Ruto’s Controversial KNCHR Nominee