Duncan Oburu Ojwang has rejected his nomination by President William Ruto as the new Chairperson of the Kenya National Commission of Human Rights (KNCHR).
In a letter sent to National Assembly Speaker Moses Wetang’ula on Tuesday, August 13, Ojwang cited personal reasons and conflict of interest as reasons behind his rejection of the nomination.
The lawyer had been nominated by Ruto on August 5 after the seat fell vacant following the demise of the previous chair, Roseline Odhiambo Odede.
Ojwang’s rejection of the appointment put his vetting, planned for today, Wednesday, August 13, in limbo.
“In light of the foregoing, the Departmental Committee on Justice and Legal Affairs is directed to cease any further consideration of the nominee," Wetang’ula told MPs.
He also directed the Clerk of the National Assembly to immediately notify the appointing authority of the development.
Ojwang’s nomination had been a subject of legal contention, with both the Katiba Institute and the Kenya Human Rights Commission (KHRC) moving to court to challenge his nomination.
According to the two institutions, Ruto had failed to adhere to the gender parity rule while nominating Ojwang. This is because the current deputy of KNCHR, Raymond Nyeris, is a male.
The petitioners cited Article 250 (II) of the constitution, which was against the appointment of persons of the same gender as chair and vice-chair of a constitutional commission.
Also, they argued that Ojwang’s nomination contravened Section 1(6) of the Second Schedule of the KNCHR Act, which states that the chairperson and vice-chairperson should not be of the same gender.
Ojwang was among the six candidates shortlisted in May from a field of 17 applicants.
A seasoned legal scholar and human rights practitioner, Ojwang previously served as Dean of the School of Law at Africa Nazarene University from 2017 to January 2023 and also lectured at the University of Nairobi.
His teaching portfolio includes constitutional law, human rights, environmental law, as well as law and development.
