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Post Reply: Katiba Institute and KHRC File Lawsuit to Block President Ruto’s KNCHR Nominee Over Gender Rule Violation

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 7, 2025, 7:00 am</div><div id="pl-7410"  class="panel-layout" ><div id="pg-7410-0"  class="panel-grid panel-no-style" ><div id="pgc-7410-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7410-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">On August 6, 2025, the Katiba Institute and the Kenya Human Rights Commission (KHRC) filed a petition at the High Court in Nairobi to challenge President William Ruto’s nomination of Dr. Duncan Oburu Ojwang as the new Chairperson of the Kenya National Commission on Human Rights (KNCHR). The civil society organizations argue that the nomination violates constitutional gender provisions, specifically Article 250(11) of the Kenyan Constitution, which mandates that the chairperson and vice-chairperson of any independent commission must not be of the same gender.</p>
<p dir="ltr">The controversy stems from the fact that the current KNCHR Vice-Chairperson, Dr. Raymond Nyeris, is male. The petitioners contend that appointing another male, Dr. Ojwang, as chairperson would breach the constitutional requirement for gender diversity. They further accuse the Selection Panel, President Ruto, and the National Assembly of failing to uphold national values such as gender equity, rule of law, integrity, and inclusivity. According to the Katiba Institute and KHRC, the selection process disregarded the constitutional mandate to ensure gender balance in leadership roles within independent commissions.</p>
<p dir="ltr">President Ruto nominated Dr. Ojwang shortly after the passing of the previous KNCHR Chairperson, Roseline Odede, who died on January 3, 2025, after a short illness. Odede, a renowned human rights advocate with over 30 years of experience as a litigator, was celebrated for her commitment to justice and equality. Her death prompted tributes from leaders across Kenya, including President Ruto, who described her as a "formidable human rights champion." The nomination of Dr. Ojwang came just one day after Ruto made two additional nominations to the National Police Service Commission, highlighting a busy period of appointments by the executive.</p>
<p dir="ltr">The Katiba Institute and KHRC’s petition emphasizes that the appointment process lacked transparency and failed to adhere to constitutional standards. They argue that the Selection Panel’s decision to shortlist and recommend Dr. Ojwang, despite the existing male vice-chairperson, undermines Kenya’s commitment to gender equity. The organizations are seeking a court order to halt the nomination process and prevent the National Assembly from approving Dr. Ojwang’s appointment until the matter is resolved. The case is scheduled to be heard in court on September 17, 2025.</p>
<p dir="ltr">This lawsuit is not the first time the Katiba Institute and KHRC have challenged actions by the government or its agencies. In June 2025, the two organizations sued the Communications Authority of Kenya for banning live media coverage of the "Justice for Our Mashujaa" protests, alleging that the directive violated constitutional freedoms of expression, media, and information. They also challenged the government’s attempt to collect mobile IMEI data and have been vocal in opposing other policies, such as the proposed constitutional amendments to entrench the National Government Constituencies Development Fund (NG-CDF) and other funds.</p>
<p dir="ltr">The KNCHR plays a critical role in Kenya’s human rights landscape, tasked with investigating complaints and promoting human rights across the country. The commission recently proposed the Kenya National Commission on Human Rights (Complaints and Enforcement) Regulations, 2025, to streamline its processes for handling complaints and investigations. These regulations aim to ensure confidentiality, timely responses, and the ability to consolidate related complaints, reflecting the commission’s ongoing efforts to strengthen its mandate.</p>
<p dir="ltr">The challenge to Dr. Ojwang’s nomination adds to a broader pattern of criticism against President Ruto’s administration. The KHRC has previously accused Ruto of promoting ethnic exclusivity and gender discrimination in cabinet appointments, particularly in December 2024, when nominations from the Mt. Kenya region were seen as dominating the cabinet. The organization argued that such actions violate Articles 10, 27, and 130 of the Constitution, which emphasize inclusivity, equity, and regional diversity in public service.</p>
<p dir="ltr">As the High Court prepares to hear the case, the outcome could have significant implications for Kenya’s adherence to constitutional gender provisions and the integrity of its independent commissions. The Katiba Institute and KHRC remain steadfast in their mission to hold the government accountable, ensuring that appointments reflect the principles of fairness, equity, and constitutional compliance.</p>
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