By KPC Reporter
Dr. Duncan Oburu Ojwang has declined his nomination as Chairperson of the Kenya National Commission on Human Rights (KNCHR), just hours before his scheduled vetting by Parliament.
The move, announced by National Assembly Speaker Moses Wetang’ula on Tuesday, throws the appointment process into uncertainty and reignites debate over constitutional compliance in public appointments.
Dr. Ojwang, a seasoned legal scholar and human rights practitioner, was nominated by President William Ruto on August 5, 2025, following the death of former KNCHR Chairperson Roseline Odhiambo Odede in January.
His name had been forwarded to the Departmental Committee on Justice and Legal Affairs for vetting, with hearings slated for Wednesday, August 13.
However, in a letter addressed to Speaker Wetang’ula, Dr. Ojwang cited “personal reasons and a perceived conflict of interest” as grounds for declining the nomination.
Speaker Wetang’ula promptly directed the committee to cease any further consideration and instructed Clerk Samwel Njoroge to notify the appointing authority.
Dr. Ojwang’s nomination had already sparked legal controversy.
Civil society groups, including the Katiba Institute and the Kenya Human Rights Commission (KHRC), filed a petition challenging the appointment on constitutional grounds.
The crux of the dispute lies in Article 250(11) of the Constitution, which prohibits the chairperson and vice-chairperson of a commission from being of the same gender.
With Dr. Raymond Nyeris currently serving as KNCHR Vice-Chairperson, petitioners argued that nominating another male violated both the Constitution and the KNCHR Act.
The High Court is set to mention the case on September 17, though Dr. Ojwang’s withdrawal may render the petition moot.
Dr. Ojwang’s credentials are indisputable. He holds a PhD in Law and Policy from the University of Arizona, an LL.M. in International Human Rights Law from Indiana University, and a Juris Doctor from Southern Illinois University. He also has a background in psychology and has served as Dean of Law at Africa Nazarene University and lecturer at the University of Nairobi.
With the vetting process halted, the ball is now back in President Ruto’s court.
The Clerk of the National Assembly will formally notify the Executive, paving the way for a new nominee to be proposed.
The vacancy at KNCHR remains critical, especially amid ongoing concerns over police conduct and human rights violations during recent protests.