Lobby groups move to court to block Dr Duncan Ojwang’s nomination as KNCHR chair
Katiba Institute and KHRC 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
Two lobby groups have filed a petition seeking to block the nomination of Dr Duncan Oburu Ojwang as the chairperson of the Kenya National Commission of Human Rights (KNCHR).
Katiba Institute and the Kenya Human Rights Commission (KHRC) say at the heart of the petition filed at the High Court at Milimani is Article 250 (11) of the 2010 Constitution, which expressly prohibits the chairperson and vice-chairperson of any independent commission from being of the same gender.
“The current Vice Chairperson, Dr Raymond Nyeris, is male. Despite this, the Selection Panel invited, shortlisted and recommended another male, Dr Ojwang, for the position, and the President subsequently nominated him,” the lobbies said in a statement.
This, they say, violates both the Constitution and the KNCHR Act, which reiterates 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 petition, which has been filed under Articles 3 (1), 10, 27, 73, 232 and 250 (11) of the Constitution, alleges that the process discriminated against qualified women candidates, unjustifiably limited women’s rights to equality, and disrespected the principles of public service and leadership integrity.
The petition also invokes international instruments such as the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol, which Kenya is bound to uphold.
Katiba Institute and KHRC are seeking 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.
They are also the court to declare that any actions taken based on the unconstitutional nomination are invalid.
The case marks a significant test of Kenya’s constitutional commitment to gender equity in public leadership and challenges the continued practice of ignoring binding gender representation provisions.
The case will be mentioned on September 17.
The KNCHR chairperson’s seat fell vacant following the death of Roseline Odhiambo Odede on January 4 this year following a short illness.
While announcing receipt of Dr Ojwang’s nomination from President William Ruto on Thursday via social media, the petitioners say National Assembly Speaker Moses Wetang’ula indicated it will proceed to vetting.
“Dr. Duncan Oburu Ojwang has been nominated for appointment to the position of Chairperson of the Kenya National Commission on Human Rights by H.E. the President seeking approval of the House on the nominee for appointment as the Chairperson of the Commission. The Speaker Moses Masika Wetang’ula, E.G.H,MP has referred the Curriculum Vitae, the Report of the Selection Panel, and other testimonials of the nominee to the Departmental Committee on Justice and Legal Affairs for vetting,” a statement posted on Parliament’s Facebook page read.
Six candidates had been shortlisted for the position, the others being Victor Okoth Ogwang Lando, Selina Amsugut Iseme, Claris Awour Ogangah, Edward Katama Ngeywa and Michael Peter Otieno Okelloh.
A former Dean and Senior Lecturer at Africa Nazarene University, Dr Ojwang has close ties with President Ruto dating back to when he, alongside Uhuru Kenyatta and four others, were indicted by the International Criminal Court (ICC) for crimes committed during the 2007/08 post-election violence.
He served in Ruto’s legal team as a researcher during the hearing of the case that later stalled after crucial witnesses withdrew.
He is a board member at Kenya Power together with another Ruto ally, Joyce Brenda Masinde, who is the chairperson, and both sought to join the Independent Electoral and Boundaries Commission (IEBC) during its recent reconstitution.
In addition, Dr Ojwang was among technical experts seconded by Kenya Kwanza to the National Dialogue Committee (NADCO) talks with Azimio in the aftermath of the protests over high cost of living and grievances attached to the outcome of the 2022 elections when Ruto defeated Raila Odinga to gain tenancy at State House.
He is also among lawyers who successfully opposed the Building Bridges Initiative (BBI) up to the Supreme Court.
