President Ruto Faces Legal Challenge Over KNCHR Nomination

Strategic Insights -

President William Ruto is facing a legal dispute over the nomination of Dr. Duncan Oburu Ojwang as chairperson of the Kenya National Commission on Human Rights (KNCHR), with two civil society groups challenging the decision on the grounds that it violates the Constitution's gender parity rule. The petitioners, Katiba Institute and the Kenya Human Rights Commission (KHRC), argue that the President and the selection panel failed to observe the rule, which prohibits the appointment of people of the same gender as chair and vice-chair of a constitutional commission. The dispute centers around Article 250(11) of the Constitution, which requires gender parity in the appointment of commission chair and vice-chair, and Section 1(6) of the Second Schedule of the Kenya National Commission on Human Rights Act, which also demands gender balance.

Key Takeaways:

  • The petitioners, Katiba Institute and the Kenya Human Rights Commission (KHRC), are challenging President William Ruto's nomination of Dr. Duncan Oburu Ojwang as chairperson of the Kenya National Commission on Human Rights (KNCHR) on grounds of violating the Constitution's gender parity rule.
  • The dispute centers around Article 250(11) of the Constitution, which prohibits the appointment of people of the same gender as chair and vice-chair of a constitutional commission.
  • The petitioners argue that the President and the selection panel failed to observe the gender parity rule, which demands balance between male and female representation in the appointment of commission chair and vice-chair.
  • The selection panel chose Dr. Ojwang after interviewing six candidates, including five women, but ultimately nominated a male candidate, raising concerns about the lack of gender balance in the appointment process.
  • The petitioners are seeking to have the nomination nullified and to stop the intended vetting process, arguing that the nomination is already in breach of the law.
  • The citation of Article 250(11) of the Constitution, which states, "the chairperson and vice-chairperson of a commission shall not be of the same gender."
  • The petitioners have named the Attorney General, the Selection Panel, and the National Assembly as the respondents in the suit, highlighting the importance of upholding the Constitution's provisions on gender parity.
  • The case is awaiting hearing directions at the High Court, with the AG, the Selection Panel, and the National Assembly yet to file their responses.

Statistics:

  • 6 candidates, including 5 women, were interviewed by the selection panel for the position of KNCHR chairperson.
  • 1 male candidate, Dr. Duncan Oburu Ojwang, was ultimately nominated by the selection panel.
  • 1 woman, Dr. Roseline Odede, passed away in January this year, creating a vacancy in the position.
  • 2 civil society groups, Katiba Institute and the Kenya Human Rights Commission (KHRC), have filed a petition challenging the nomination.

Sources:

  • The Kenya National Commission on Human Rights Act, Second Schedule, Section 1(6)
  • Article 250(11) of the Constitution
  • "Kenya National Commission on Human Rights Act" (no date mentioned)