Petition Filed Against Ruto Nominee Over Gender
The legal action comes a day after the National Assembly announced that it had received President William Ruto’s nomination of Dr. Ojwang for parliamentary vetting.
Viral Tea Ke Writer 
The Katiba Institute (KI) and the Kenya Human Rights Commission (KHRC) have moved to the High Court to challenge the nomination of Dr. Duncan Oburu Ojwang as the next Chairperson of the Kenya National Commission on Human Rights (KNCHR), citing a breach of constitutional gender requirements.
The legal action comes a day after the National Assembly announced that it had received President William Ruto’s nomination of Dr. Ojwang for parliamentary vetting.
At the centre of the dispute is Article 250(11) of the Constitution, which bars the chairperson and vice-chairperson of any independent commission from being of the same gender.
Currently, the KNCHR’s Vice-Chairperson, Dr. Raymond Nyeris, is male, meaning the nomination of another male chairperson, Dr. Ojwang, directly contravenes the law.
National Assembly Speaker, Moses Wetangula during a past House session. /FILE
The petitioners argue that the selection panel, the President, and the National Assembly disregarded this constitutional provision, thereby undermining principles of gender equity, inclusivity, and the rule of law.
''The petitioners argue that this nomination violates the Constitution and the Kenya National Commission on Human Rights Act, reiterating 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 statement by KHRC read in part.
The lawsuit invokes multiple constitutional articles, including Article 27 (equality and freedom from discrimination), Article 10 (national values such as inclusiveness and integrity) and Article 250(11) (gender balance in commissions)
Additionally, the petition references Kenya’s obligations under international treaties, including The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and The Maputo Protocol
What the Petitioners Want
The activists are seeking a nullification of Dr. Ojwang’s nomination as well as a court order enforcing strict compliance with gender rules in future appointments, and a declaration that any actions taken under the contested nomination are invalid.
This case presents a major legal and political challenge, testing whether Kenya’s institutions will uphold constitutional safeguards for gender representation in public offices.
"Filed under Articles 3(1), 10, 27, 73, 232, and 250(11) of the Constitution, the Petition 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," adds the statement.
The High Court will hear the case on September 17, 2025, setting the stage for a landmark ruling on gender representation in Kenya’s independent commissions.
The KNCHR chairperson post fell vacant following the death of the Commission’s former Chairperson, Roseline Odhiambo Odede. She passed away on Friday, January 3, 2025, after battling a short illness.
