NAIROBI, Kenya – Two leading civil society groups have filed a court petition seeking to block the nomination of Dr Duncan Oburu Ojwang’ as Chairperson of the Kenya National Commission on Human Rights (KNCHR), citing constitutional violations.
In a joint statement on Wednesday, Katiba Institute and the Kenya Human Rights Commission (KHRC) announced they had filed Petition No. HCCHRPET E480 of 2025 at the High Court in Nairobi, challenging President William Ruto’s choice for the top human rights post.
At the heart of the dispute is Article 250(11) of the Constitution, which prohibits the Chairperson and Vice-Chairperson of an independent commission from being of the same gender. The current Vice-Chairperson of KNCHR, Dr Raymond Nyeris, is male — as is Dr Ojwang.
Despite the constitutional provision, the petitioners argue, the selection panel shortlisted and recommended Dr Ojwang for appointment, and the President submitted his name to the National Assembly for vetting, ignoring qualified female candidates.
“The nomination is not only unconstitutional but undermines national values of gender equity, inclusivity and integrity in public service,” the groups said in the statement.
.@katibainstitute and KHRC have filed Petition No. HCCHRPET E480 OF 2025 at the High Court of Kenya at Nairobi (Milimani) to challenge the nomination of Dr. Duncan Oburu Ojwang as Chairperson of the Kenya National Commission on Human Rights (KNCHR). Article 250(11) of the
The rights organisations are asking the court to nullify the nomination and compel authorities to strictly observe gender representation requirements in all appointments to independent commissions.
The petition, filed under multiple constitutional provisions including Articles 3(1), 10, 27, 73, 232 and 250(11), also references international treaties such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Maputo Protocol, both of which Kenya has ratified.
The case is set for mention on September 17, 2025.
Dr Ojwang, a legal scholar and former Dean of Law at Africa Nazarene University, was nominated by President Ruto on August 5 to replace Roseline Odhiambo Odede, who passed away in January this year.
His nomination has already been forwarded to the National Assembly’s Justice and Legal Affairs Committee for vetting.
If the petition succeeds, it could set a precedent on the enforcement of gender balance requirements in leadership — and potentially derail the nomination process.
