Four petitioners have moved to court to challenge the legality of a task force formed by President William Ruto.
In January, the President formed a 42-member task force through Executive Order and Gazette Notice No. 109 to tackle Gender-Based Violence (GBV). The President formed the force amid pressure from different stakeholders to address the prevalent issue of femicide across the country.
The new force comprised several notable names, including Ann Ireri, Sam Thenya, James Nombi, Michael Kariuki, Faith Odhiambo, Linda Musumba, and Seth Masese. Others are Gloria Wawira, Shem Nyakutu, Anthony Nzioki, Linah Kilimo, Norbert Talam, Edna Ngare, Lucy Njeri, and Beatrice Karwitha, among others.
While reporting to Deputy President Kithure Kindiki, the task force was mandated to come up with comprehensive findings on GBV within 90 days.
Months after the taskforce was formed, four petitioners have moved to court to challenge the legality of a task force formed by President William Ruto.
In January, the President formed a 42-member task force through Executive Order and Gazette Notice No. 109 to tackle Gender-Based Violence (GBV). The President formed the force amid pressure from different stakeholders to address the prevalent issue of femicide across the country.
The new force comprised several notable names, including Ann Ireri, Sam Thenya, James Nombi, Michael Kariuki, Faith Odhiambo, Linda Musumba, and Seth Masese. Others are Gloria Wawira, Shem Nyakutu, Anthony Nzioki, Linah Kilimo, Norbert Talam, Edna Ngare, Lucy Njeri, and Beatrice Karwitha, among others.
While reporting to Deputy President Kithure Kindiki, the task force was mandated to come up with comprehensive findings on GBV within 90 days. However, petitioners have challenged its legality, asserting that it was created in violation of several provisions of the 2010 Constitution of Kenya, effectively making its existence unlawful.
According to the petitioners, the task force's establishment violated numerous articles of the constitution as they observed that the President acted beyond his constitutional authority by forming a task force to carry out functions already assigned to other independent commissions.
The petitioners cited the National Gender and Equality Commission (NGEC) as the body constitutionally mandated to address gender issues in Kenya, not a task force formed by the President.
“Gender issues are a constitutionally mandated function of the NGEC and not any task force appointed by the executive or any other person,” part of the petition reads.
“The Office of NGEC should provide answers being sought by the impugned taskforce, taking cognizance of Article 201 of the Constitution on the prudent use of public financial resources.”
Further, concern was also raised about the appointment of former Deputy Chief Justice Nancy Baraza as chairperson of the taskforce, despite her past controversies.
Baraza was controversially removed from office in 2012 following a tribunal’s findings of gross misconduct after a confrontation with a guard at the time where she allegedly said the words "You should know people".
In addition, the petitioners cited what they termed as an "executive overreach", outlining several incidents in the past where similar taskforces have been nullified by the courts.
As part of their demands to the court, the petitioners want the task force be declared null and void.
“The impugned executive order... is unconstitutional, null and void,” the petition states. “If this Honourable Court does not stop the illegal actions and/or omissions done by the President and/or respondents, then constitutional violations will continue against principles of good governance and public money will be lost with no probability of recovering the same," the petition read.
