President William Ruto’s nominee for the position of Chairperson of the Kenya National Commission on Human Rights (KNCHR), Dr. Duncan Oburu Ojwang, has formally declined the appointment just a week after his name was forwarded to Parliament for vetting.
The seasoned legal scholar, in a letter to National Assembly Speaker Moses Wetang’ula on Tuesday, August 13, cited “personal reasons and a perceived conflict of interest” as the basis for his decision, abruptly throwing the leadership of the crucial human rights body into uncertainty.
“I am deeply honoured by the trust placed in me by the President,” Dr. Ojwang stated in his letter, “but after careful consideration, I will not be able to serve in this capacity without potential conflicts arising, and I must therefore decline the nomination.”
Wetang’ula informed MPs of the withdrawal and directed the Departmental Committee on Justice and Legal Affairs to halt any further consideration of the nominee. The vetting process, set for Wednesday, August 14, was immediately cancelled. The Clerk of the National Assembly has been instructed to notify the appointing authority, sending President Ruto back to the drawing board.
Nomination Already Facing Court Battles
Dr. Ojwang’s nomination on August 5, 2025, to succeed the late Roseline Odhiambo Odede who passed away in January after a short illness had already sparked legal challenges. The Katiba Institute and the Kenya Human Rights Commission (KHRC) filed petitions arguing the appointment violated constitutional provisions on gender parity.
They cited Article 250(11) of the Constitution, which mandates that the chairperson and vice-chairperson of any independent commission must not be of the same gender. Since KNCHR’s current Vice-Chairperson, Dr. Raymond Nyeris, is male, the petitioners argued appointing another male would be unconstitutional.
The groups also pointed to Section 1(6) of the Second Schedule of the KNCHR Act, which reinforces the same requirement. They accused the Selection Panel, the President, and the National Assembly of disregarding national values such as gender equity, inclusivity, and the rule of law. The High Court was set to mention the case on September 17, 2025.
A Respected Legal Mind
Dr. Ojwang is a distinguished legal scholar with a PhD in Law and Policy from the University of Arizona, an LL.M. in International Human Rights Law from Indiana University, and a Juris Doctor from Southern Illinois University School of Law. He served as Dean of the School of Law at Africa Nazarene University (2017–2023) and has lectured at the University of Nairobi.
Beyond academia, he has been involved in national and international initiatives, including serving as an African Union election observer and participating in the Tumaini peace mediation process in South Sudan. He was also part of President Ruto’s legal team during the 2022 presidential election petition.
Implications for the KNCHR
Ojwang’s withdrawal not only leaves a key leadership role vacant but also highlights the growing influence of civil society in holding the executive accountable. It highlights the need for future nominees to meet both the professional qualifications and the constitutional requirements to avoid similar legal and political setbacks.
The government restarts the search for a new chair as public attention will be on whether the next nomination satisfies the gender diversity mandate while ensuring KNCHR remains effective in defending human rights and holding the state to account.
