By KPC Reporter
The nomination of Dr. Duncan Oburu Ojwang as Chairperson of the Kenya National Commission on Human Rights (KNCHR) is facing legal opposition from two prominent civic organizations.
Katiba Institute and the Kenya Human Rights Commission (KHRC) have jointly filed a petition at the High Court in Nairobi (Milimani), seeking to nullify the appointment.
Filed under Petition No. HCCHRPET E480 of 2025, the case challenges the constitutionality of Dr. Ojwang’s nomination. The nomination was announced this week by the National Assembly.
On August 5, the Assembly’s official X (formerly Twitter) handle revealed it had received the President’s nomination of Dr. Ojwang and would proceed to the vetting stage.
The crux of the petition lies in Article 250(11) of the Constitution of Kenya, which mandates gender diversity by prohibiting the appointment of both the Chairperson and Vice-Chairperson of any independent commission from being of the same gender.
Dr. Raymond Nyeris, the current Vice-Chairperson of KNCHR, is male.
The petitioners argue that by nominating Dr. Ojwang—also male—the selection panel, President, and National Assembly have flouted the Constitution and violated the gender diversity requirement.
The petitioners assert that this decision has sidelined qualified women candidates and undermined gender equity, public service principles, and leadership integrity.
They argue the nomination process contravened both the Constitution and the Kenya National Commission on Human Rights Act, calling into question the commitment of state organs to uphold gender balance, integrity, and inclusivity in public appointments.
The petition cites several constitutional provisions, including Articles 3(1), 10, 27, 73, 232, and 250(11), to support its case.
Additionally, it references international obligations such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Maputo Protocol, to which Kenya is a party.
These treaties compel Kenya to ensure fair gender representation and prevent discrimination in public appointments.
Among the remedies sought are the nullification of Dr. Ojwang’s nomination, a court declaration that the process was unconstitutional, and a directive requiring strict compliance with gender representation laws in all future appointments to independent commissions.
The petitioners also want any decisions or actions resulting from the contested nomination declared invalid.
The court has set the next hearing date for September 17, 2025.