The Kenya Human Rights Commission (KHRC), together with the Kagtiba Institute, has filed a petition at the High Court to challenge the nomination of Duncan Oburu Ojwang as the new Chairperson of the Kenya National Commission on Human Rights (KNCHR).
President William Ruto nominated Ojwang and sent his name to the National Assembly for approval.
In the petition, KHRC argues that Article 250(11) of the Constitution prohibits the Chairperson and Vice-Chairperson of any independent commission from being of the same gender.
According to the commission, the current Vice-Chairperson, Dr Raymond Nyeris of KNCHR, is male.
They argued that despite prior advice, the selection panel invited, shortlisted and recommended another male for the position, and the president subsequently nominated him.
''The petitioners argue that this nomination violates the Constitution and the Kenya National Commission on Human Rights Act, reiterating the gender diversity requirement. They accuse the Selection Panel, the President, and the National Assembly of failing to uphold national values, particularly gender equity, rule of law, integrity, and inclusivity,'' the statement by KHRC read in part.
The petitioners argue that the nomination discriminated against qualified women candidates, unjustifiably limited women's rights to equality, and disrespected the principles of public service and leadership integrity.
For these reasons, the petitioners want Ojwang's nomination to be withdrawn and replaced with a constitutionally compliant one. Additionally, they seek the court to rule that any actions based on the unconstitutional nomination are unlawful.
''The Petition seeks various declarations and orders, including the nullification of Dr. Ojwang's nomination and a directive compelling strict compliance with the constitutional gender requirements for appointments to independent commissions,'' the statement continued.
The commission has praised the petition, stating that it challenges the ongoing practice of disregarding legally binding gender representation provisions and represents a significant test of Kenya's constitutional commitment to gender equity in public leadership.
The case will be heard in court on September 17. Ruto's nomination came just a day after he had made two new nominations in the National Police Service Commission (NPSC).
