President William Ruto is facing legal trouble over his latest nomination for a top government job. The Kenya Human Rights Commission (KHRC) and the Katiba Institute have taken the matter to court. They are challenging the nomination of Duncan Oburu Ojwang to be the new Chairperson of the Kenya National Commission on Human Rights (KNCHR).
According to the human rights groups, the nomination breaks Kenya’s Constitution. They say that both the Chairperson and the Vice-Chairperson of KNCHR cannot be of the same gender. Currently, Dr. Raymond Nyeris is the Vice-Chairperson, and he is male. Duncan Ojwang, who has been nominated as Chairperson, is also male.
This means both top leaders of the KNCHR would be men. KHRC and Katiba Institute say this goes against Article 250(11) of the Constitution, which clearly demands gender balance in such positions.
The petitioners say the selection panel had already been warned. Despite this, they still invited, interviewed, and recommended another man for the role. President Ruto then sent Ojwang’s name to Parliament for approval.
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In their petition, KHRC and Katiba Institute claim that this move blocks qualified women from leadership. They say it limits women’s rights to equality and fails to follow the law.
The two organizations also accuse the Selection Panel, the President, and the National Assembly of ignoring key national values. These include fairness, the rule of law, honesty in leadership, and inclusiveness.
The petition wants Duncan Ojwang’s nomination cancelled. The petitioners are asking the court to declare the nomination unconstitutional. They also want a new, gender-balanced appointment to be made.
They argue that this is not just about one person. It’s about following Kenya’s Constitution and making sure women have equal chances to lead. The case is being seen as a test of Kenya’s commitment to gender equality.
The statement from KHRC said, “This nomination is illegal and unfair. It disrespects the Constitution and the Kenya National Commission on Human Rights Act.”
They added, “We are calling for real action, not just words, when it comes to gender equality in public leadership.”
According to the petition, this issue is about more than just one job. It’s about whether the country will follow the law when choosing public leaders.
KHRC and the Katiba Institute say the Constitution is clear, and everyone must follow it—especially the President and Parliament.
They also fear that if this case is not addressed, it could set a bad example. Other commissions may also ignore the gender balance rule in future appointments.
The case is expected to be heard in the High Court on September 17. Until then, Duncan Ojwang’s future as KNCHR Chairperson remains uncertain.
This challenge comes just a day after President Ruto made two other high-level nominations to the National Police Service Commission (NPSC).
Critics now believe Ruto’s recent choices show a worrying trend of ignoring constitutional rules on gender equality in appointments.
The petitioners say they are ready to push the case to the end. They believe it’s a necessary step for fairness and justice.
Some human rights defenders say this case is very important. It could help make sure future leaders are picked based on fairness and respect for the law.
The outcome of this case could change how top public officials are appointed in Kenya. It could also give new hope to women leaders across the country.
The Constitution is the highest law in Kenya, and this court case could show how strong that law really is.
As the nation waits for the court hearing in September, all eyes are now on the judges to decide whether justice will be served.
