Civil societies challenge nomination of Duncan Ojwang as KHRC Chair

Two civil society organisations have moved to court to challenge the nomination of Dr. Duncan Oburu Ojwang as Chairperson of the Kenya National Commission on Human Rights (KNCHR), citing a violation of constitutional gender provisions.

Katiba Institute and KHRC itself have filed a petition at the High Court in Nairobi, arguing that the nomination flouts Article 250(11) of the Constitution, which prohibits the appointments of a Chairperson and Vice-Chairperson of any independent commission from being of the same gender.

According to the petitioners, the Selection Panel violated the gender diversity rule by shortlisting and recommending Dr. Ojwang for the chairmanship despite the current Vice-Chairperson, Dr. Raymond Nyeris, being male.

The groups also accuse the Selection Panel, President William Ruto and the National Assembly of failing to uphold Kenya’s national values, particularly gender equity, rule of law, integrity, and inclusivity.

"The process discriminated against qualified women candidates, unjustifiably limited women’s rights to equality, and disrespected the principles of public service and leadership integrity,” read part of the joint statement.

“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."

The case follows an announcement by the National Assembly on August 5 2025 confirming receipt of the President’s nomination and stating that the nominee would proceed to vetting.

The human rights groups are now seeking a court declaration nullifying Dr. Ojwang’s nomination, as well as an order directing strict compliance with gender representation requirements in appointments to independent commissions. 

They also want any actions taken based on the "unconstitutional nomination" to be declared invalid.

Dr. Ojwang, a seasoned lawyer who is affiliated with the President, was part of Kenya’s state delegation and served as a researcher in the International Criminal Court (ICC) case against Ruto, then-Deputy President, when he was facing charges of crimes against humanity.

He also served as an election observer with the African Union and was a member of the technical team that prepared the National Dialogue Committee (NADCO) report, a bipartisan initiative led by President Ruto and former Prime Minister Raila Odinga.