Duncan Ojwang Declines Ruto's Nomination to KNCHR for Personal Reasons

Duncan Ojwang/HANDOUT

Duncan Ojwang has declined President William Ruto’s nomination to serve as Chairperson of the Kenya National Commission on Human Rights (KNCHR), citing personal reasons and a perceived conflict of interest.

His decision has stalled the vetting process that was scheduled for Wednesday, August 14.

In a letter addressed to National Assembly Speaker Moses Wetang’ula, Ojwang respectfully turned down the appointment, prompting Speaker Wetang’ula to instruct the Departmental Committee on Justice and Legal Affairs to cease any further consideration of the nominee.

“In light of the foregoing, the Departmental Committee on Justice and Legal Affairs is directed to cease any further consideration of the nominee,” Wetang’ula said. He further directed the Clerk of the National Assembly to immediately notify the appointing authority.

“The withdrawal of Mr. Ojwang underscores the importance of ensuring that public appointments are free from conflicts of interest and personal reservations. It is vital that such positions are filled by individuals fully committed to the mandate,” Jane Wanjiku said, Human rights advocate.

Ojwang’s nomination came after the death of the former KNCHR Chairperson, Roseline Odhiambo Odede, who passed away in January following a brief illness.

The chairperson position had remained vacant since then. Ojwang was among six candidates shortlisted in May from a pool of 17 applicants after a competitive selection process.

However, his nomination had been met with legal challenges from civil society groups who argued that President Ruto ignored constitutional gender parity rules.

Article 250(II) of the Constitution prohibits appointing persons of the same gender as chairperson and vice-chairperson of a constitutional commission.

Similarly, Section 1(6) of the KNCHR Act states the chairperson and vice-chairperson should not be of the same gender. Since both Ojwang and the commission’s vice-chairperson, Dr. Raymond Nyeris, are male, the groups contended that the nomination violated these provisions.

With Ojwang’s withdrawal, the KNCHR chairperson vacancy remains unresolved, and the government has yet to announce a timeline for fresh nominations.