NAIROBI, Kenya – The High Court in Nakuru has upheld President William Ruto’s authority to establish a presidential taskforce on gender-based violence (GBV) and femicide, dismissing a constitutional petition challenging the legality of the body.
Justice Patricia Gichohi ruled that the President acted within his constitutional authority when he established the Presidential Taskforce on Technical Working Group on Gender-Based Violence, including Femicide, through an Executive Order and Gazette Notice No. 109 of January 9, 2025.
The judgment was delivered in Nakuru on September 14, 2026, in a petition filed by Dr Magare-Gikenyi B and three others. The petition was dismissed in its entirety, with each party ordered to bear its own costs.
Court Says President Can Establish Advisory Taskforces
The petitioners had argued that the Constitution did not give the President power to establish an ad hoc taskforce through an Executive Order.
They also contended that the taskforce interfered with the constitutional and statutory mandate of the National Gender and Equality Commission (NGEC).
Justice Gichohi rejected the challenge, finding that the Constitution gives the President general discretion to perform executive functions necessary to implement existing laws.
“The Constitution, read holistically, gives the President general discretion to perform executive functions necessary to implement existing laws,” the court held.
The court found that the taskforce was established as an advisory body and did not possess independent decision-making powers that would enable it to take over the functions of existing constitutional institutions.
Taskforce Did Not Usurp NGEC Mandate
The petitioners argued that the taskforce duplicated functions assigned to NGEC and therefore amounted to an unnecessary parallel institution.
They also cited Article 201(d) of the Constitution, arguing that duplication of public functions could amount to wasteful use of public resources.
The court, however, found that the taskforce’s terms of reference did not transfer NGEC’s powers to the presidential body.
Its role was principally to assess and review the country’s response to GBV and femicide and make recommendations, rather than make binding decisions or exercise the statutory powers of NGEC.
The court therefore found no constitutional basis for declaring the taskforce invalid on grounds that it had usurped the mandate of the commission.
Taskforce Established in January 2025
The taskforce was established through Gazette Notice No. 109 dated January 9, 2025, initially for a 90-day period.
Its mandate was subsequently extended through Gazette Notice No. 3862 dated March 28, 2025.
The petitioners had sought orders declaring the Executive Order and Gazette notices unconstitutional and quashing the instruments establishing the taskforce.
They also sought orders stopping implementation of any report or recommendations produced by the body.
The court declined to grant those orders.
Petitioners Challenged Use of Public Funds
The petitioners also questioned the expenditure of public money on the taskforce.
They argued that establishing a body whose functions allegedly overlapped with existing institutions was inconsistent with the constitutional principles governing public finance.
They further sought an order holding the President personally liable for money spent on the taskforce and requiring any such expenditure to be refunded to the Consolidated Fund.
Justice Gichohi rejected that argument.
The judgment noted that the President enjoys constitutional immunity from civil proceedings for official acts while in office and that the President is not an accounting officer under the Public Finance Management Act.
Court Also Rules on Taskforce Chair
The petition had also challenged the eligibility of former Deputy Chief Justice Nancy Baraza to chair the taskforce.
The court found that Baraza had resigned before a tribunal’s recommendation for her removal could be acted upon.
The judge therefore found that she had not been formally removed from office in circumstances that would trigger the constitutional restriction relied upon by the petitioners.
High Court Dismisses Petition
Justice Gichohi ultimately found no merit in the constitutional challenge and dismissed the petition in its entirety.
Given the public-interest nature of the case, the court directed that each party bear its own costs.
The ruling leaves the establishment and advisory mandate of the Presidential Taskforce on GBV and Femicide intact, while affirming that the President may establish temporary advisory bodies to assist the Executive in addressing matters of public concern, provided such bodies do not usurp the powers of independent constitutional or statutory institutions.
