Report On Approval Hearing Of A Nominee For Appointment As Chair, Kenya National Commission On Human Rights

REPUBLICOFKENYA

THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES

DEPARTMENTALCOMMITTEEONJUSTICEANDLEGALAFFAIRS

REPORT ON:

THE APPROVALHEARING OFA NOMINEE FOR APPOINTMENTASCHAIRPERSON OFTHEKENYA NATIONALCOMMISSION ON HUMAN RIGHTS (KNCHR)

DATE:

2 3 SEP 2025

CLERK'SCHAMBERS DIRECTORATEOFDEPARTMENTALCOMMITTEES PARLIAMENTBUILDINGS NAIROBI

NATIONALASSEMBLY RECEIVED

2 3 SEP 2025

SPEAKER'SOFFICE P.O.B0X 41842, NAIROB1.

SEPTEMBER2025

TABLEOFCONTENTS

| TableofContents.. | TableofContents.. | | |---------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------|-----| | ListofAbbreviations andAcronyms. | ListofAbbreviations andAcronyms. | | | List of Annexures.. | List of Annexures.. | ili | | Chairperson's Foreword. | Chairperson's Foreword. | iv | | CHAPTERONE | CHAPTERONE | | | IPreface.. | IPreface.. | | | 1.1EstablishmentoftheCommittee. | 1.1EstablishmentoftheCommittee. | | | 1.2 Mandate of the Committee | 1.2 Mandate of the Committee | | | 1.3 Committee Membership | 1.3 Committee Membership | | | 1.4 CommitteeSecretariat. | 1.4 CommitteeSecretariat. | | | CHAPTERTWO | CHAPTERTWO | | | 2BackgroundInformation. | 2BackgroundInformation. | 5 | | 2.1 Legal Framework | 2.1 Legal Framework | 5 | | 2.2NotificationofNominations.. | 2.2NotificationofNominations.. | 5 | | 2.3 Notification to theHouse andReferral to theCommittee | 2.3 Notification to theHouse andReferral to theCommittee | 6 | | 2.4 Notification to thePublic | 2.4 Notification to thePublic | 9 | | 2.5Notification to theNominee. | 2.5Notification to theNominee. | 9 | | 2.6 Clearance and Compliance Requirements. | 2.6 Clearance and Compliance Requirements. | 9 | | 2.7 Criteriafor Consideration during theApproval Hearing. | 2.7 Criteriafor Consideration during theApproval Hearing. | | | 2.7.1 | ProcedureforNomination... | | | 2.7.2 | Constitutional andStatutoryRequirements. | | | 2.7.3 | Suitability of the nominee for the proposed appointment having regard to whether | | | the nominee's abilities, experience and qualities meet the needs of the office to which | the nominee's abilities, experience and qualities meet the needs of the office to which | | | nomination isbeingmade... | nomination isbeingmade... | 10 | | CHAPTER THREE | CHAPTER THREE | | | 3Approval Hearing of Nominee ... 3.1 Ms. Claris Awour Ogangah - Nominee to the Office of Chairperson of KNCHR | 3Approval Hearing of Nominee ... 3.1 Ms. Claris Awour Ogangah - Nominee to the Office of Chairperson of KNCHR | | | 3.1.1 | Questionsfrom General Questionnaire. | 11 | | 3.1.2 | General andSectorSpecificQuestionsfor theNominee | 13 | | 3.1.3 | CommitteeObservationson theSuitabilityof theNominee. | 16 | | CHAPTERFOUR. | CHAPTERFOUR. | 17 | | 4CommitteeObservations | 4CommitteeObservations | 17 | | CHAPTERFIVE. | CHAPTERFIVE. | 18 | | 5Committee Recommendation. | 5Committee Recommendation. | 18 |

LISTOFABBREVIATIONSANDACRONYMS

BETA

Bottom-UpEconomicTransformationAgenda

CBS

Chiefof theOrder of theBurningSpear

CUE

Council for University Education

DCI

DirectorateofCriminal Investigations

EACC

EthicsandAnti-CorruptionCommission

EBS

Elderof theOrderoftheBurningSpear

EGH

ElderoftheOrderoftheGoldenHeart

FIDA-K

Federation ofWomenLawyers-Kenya

FORD

Forumfor theRestorationof Democracy

H.E.

His Excellency

HELB

Higher Education LoansBoard

KNBS

Kenya National Bureau of Statistics

KNCHR

Kenya National Commission on Human Rights

KRA

Kenya RevenueAuthority

KSL

Kenya School of Law

LSK

LawSociety of Kenya

LLM

MasterofLaws

MCCP

Maendeleo Chap Chap Party

MP

MemberofParliament

NEMA

National Environment Management Authority

NPS

NationalPoliceService

ODM

OrangeDemocraticMovement

OGW

OrderoftheGrandWarrior

ODPP

OfficeoftheDirectorofPublicProsecutions

ORPP

Office of theRegistrarofPolitical Parties

UDA

UnitedDemocraticAlliance

UDM

UnitedDemocraticMovement

UN-OHCHR

UnitedNationsOfficeof theHighCommissionerforHumanRights

UON

TheUniversityofNairobi

WDM

WiperDemocraticMovement

LISTOFANNEXURES

AnnexureI:Transmittal Letterby theHeadofPublicService

Annexure2:Message No.012of 2025from theSpeaker

Annexure 3:Advertisement notifying the public of the approval hearing

Annexure4: Letter from the Clerk of the National Assembly inviting the nominee for the

approval hearing

Annexure 5: Letters from the Clerk of the National Assembly to DCl, EACC, HELB, KRA, ODPP,ORPP,CUEandUON

Annexure 6:Letters of clearance from DCl,EACC,HELB,KRA,ODPP,ORPP and CUE

Annexure7:GazetteNoticeNo.4651of11rhApril2025

Annexure8: CurriculumVitae,certificates and testimonialsofthenominee

Annexure 9:Memoranda in support of the nominee

AnnexureI0:AdoptionScheduleandMinutes

CHAIRPERSON'SFOREWORD

theKenyaNational CommissiononHumanRights(KNCHR)asforwardedby theSelection Panel and communicated to the House by the Speaker of the National Assembly on I9th August2025.

VideGazetteNoticeNo.4651of11thApril2025andpursuanttosectionIl(1)oftheKNCHR Act, Cap. 7l, H.E. the President convened a selection panel for the recruitment of a suitable of the KNCHR Act, Cap. 7l, the selection panel invited applications from the public, conducted interviews and shortlisted three (3) persons qualified for appointment as Chairperson of the KNCHR.Consequently,theselectionpanel forwardedthenames oftheselected candidates tothePresidentfornomination.

In exercise of powers conferred by Article 250(2)(c) of the Constitution and section I1(6) of theKNCHRAct,Cap.7l asreadtogetherwithsections3and5of thePublicAppointments (Parliamentary Approval) Act, Cap. 7F, H.E. the President nominated Ms. Claris Awour Ogangahfor appointment as Chairperson of theKNCHR.

TheRt.HonourableSpeakervideMessageNo.012of2025dated19thAugust2025conveyed to the House the Message from H.E. the President and subsequently referred it and the curriculum vitae of the nominee to the Committee for approval hearing in accordance with section 4 of the Public Appointments (Parliamentary Approval) Act, Cap. 7F and Standing Orders 42(3)(c) and 45(1) of the National Assembly Standing Orders.While referring the matter tothe Committee,theSpeaker directed thatthe Committee undertakes the approval hearing and reports to the House within twenty-one (2l) days in accordance with section I1(7) of the KNCHR Act, Cap 7l. The Rt. Hon Speaker further directed the Clerk of the National Assembly to notify the nominee and the general public of the time and place of holdingtheapproval hearing.

Infulfilmentofthe provisions ofArticleI18(b)of the Constitution and section6(2),(3),(4) and (9) of the Public Appointments (Parliamentary Approval) Act, Cap. 7F, the Clerk of the NationalAssemblyplacedan advertisementintheprintmedianotifyingthepublicofthetime of written statements on oath (affidavit) on the suitability of the nominee. The advertisement indicatedthatthememorandaweretobereceivedby27hAugust2025at5.00pm.Byclose of the submission deadline,the Committee had received four(4) memoranda from thepublic insupportofthenominee.

TheClerkof theNationalAssemblyalsowroteto theDirectorateofCriminal Investigations (DCI),Ethics and Anti-Corruption Commission(EACC),Higher Education Loans Board (HELB), Kenya Revenue Authority (KRA), Office of the Director or Public Prosecutions (CUE)and The University of Nairobi (UON)seeking references and background checks relatingtothesuitabilityofthenominee.

Committeeexaminedhersuitabilitybasedonthecriteriasetoutinsection7ofthePublic nominee's abilities, experience and qualities meet the needs of the office in question. Furthermore, the Committee examined the nominee's academic credentials, relevant professional training and experience, knowledge of sector issues and personal integrity in Act, Cap.7F.

In holding the approval hearing, the Committee observed that the nominee demonstrated deep understanding of human rights issues, the affairs of the KNCHR and the roles of Chairpersonof KNCHR.Further,that the nomineepossesses the requisite abilities,academic qualifications and professional experience required for a person nominated to serve as ChairpersonoftheKNCHR.

The Committee therefore recommends that this House approves Ms.Claris Awour Ogangah for appointment as Chairperson of the KNCHR.

The Committee wishes to thank the Offices of the Speaker and of the Clerk of the National Assembly for the technical support accorded to it during the exercise. The Committee further extends its appreciationto thenomineefor hercooperationduring theparliamentary approval process. The Committee also appreciates the DCl, EACC, HELB, KRA, ODPP, ORPP and CUE for providing references and background checks relating to the suitability of e i s Committee who sat for long hours and made useful contributions towards the preparation andproduction of thisReport.

On behalf of the Departmental Committee on Justice and Legal Affairs and pursuant to Article 124(4)(b) of the Constitution, section 8(l) of the Public Appointments (Parliamentary Approval) Act, Cap. 7F and the provisions of Standing Order I99(6) of the National Assembly Standing Orders, it is now my duty and privilege to present to the House the Report of the Departmental Committee on Justice and Legal Affairs on the Approval Hearing of a Nominee

Hon. George Gitonga Murugara, CBS, MP Chairman,Departmental CommitteeonJusticeandLegalAffairs

PREFACE

I.1EstablishmentoftheCommittee

• 1.The Departmental Committee on Justice and Legal Affairs is one of twenty departmental committeesoftheNationalAssemblyestablishedunderStandingOrder2l6whose mandatepursuantto theStandingOrder216(5) is asfollows:
• (a) To investigate, inquire into,and report on all matters relating to the mandate, management,activities,administration,operations and estimates of the assigned ministriesanddepartments;
• effectivenessoftheimplementation;
• (c) To, on a quarterly basis, monitor and report on the implementation of the national budget inrespectofitsmandate;
• (d)Tostudyand reviewall legislationreferredto it;
• (e)To study, assess and analyse the relative success of the ministries and departments as measuredby theresultsobtainedascomparedwiththeirstatedobjectives;
• Toinvestigate and inquire into all matters relating to the assigned ministries and departments as they may deem necessary, and as may be referred to them by the House;
• (g)To vet and report on all appointments where the Constitution or any law 204(Committee onAppointments);
• (h)Toexamine treaties,agreements and conventions;
• (i)To make reports and recommendations to the House as often as possible, including recommendationsofproposedlegislation;
• (i)To consider reports of Commissions and Independent Offices submitted to the House pursuanttotheprovisionsofArticle254oftheConstitution;and
• (k)To examine any questions raised by Members on a matter within its mandate.

I.2MandateoftheCommittee

• 2.In accordance with the Second Schedule of the Standing Orders, the Committee is mandatedtoconsider:
• (a) The Judiciary;
• (b) Tribunals;
• (c) Access to Justice;
• (P 1)Publicprosecutions;
• (e) Ethics, Integrity and Anti-Corruption;
• Correctional services;
• (g) Community service orders and witness protection;
• (h) Constitutional affairs;
• (i)s Sovereignimmunity;
• (i)Elections including referenda;
• (k) Human rights;
• (l)Political parties; and
• (m)The State Law Office including insolvency, law reform, public trusteeship, marriages and legal education.

CHAPTERONE

3. In executing its mandate, the Committee oversights the following Ministries, Departments andAgencies: 2. (a) The Judiciary; 3. (b) Judicial Service Commission; 4. (c) State Department for Correctional Services; 5. (d)StateLawOffice andDepartmentof Justice; 6. (e) State Departmentfor Justice,Human Rights and Constitutional Affairs; 7. (f)Officeof theDirectorofPublicProsecutions; 8. (g) Ethics and Anti-Corruption Commission; 9. (h) Independent Electoral and Boundaries Commission; 10. (i Commission on AdministrativeJustice; 11. (i)Officeof theRegistrar ofPolitical Parties; 12. (k) Witness Protection Agency;

• (1) Kenya National Commission on Human Rights;

14. (m)Kenya Law Reform Commission; and 15. (n) Council of Legal Education.

1.3 Committee Membership

• 4.The Committee comprises thefollowingMembers:

Chairperson Hon. Murugara George Gitonga, CBS, MP Tharaka Constituency UDA Party

Vice-Chairperson Hon.MutuseEckomasMwengi,OGW,MP Kibwezi West Constituency MCCP Party

Hon. Gladys Boss, MGH, MP Uasin Gishu Constituency UDA Party

Hon. Onyiego Silvanus Osoro, CBS, MP South Mugirango Constituency UDA Party

Hon.Wetang'ulaTimothyWanyoyi,CBS,MP Westlands Constituency

ODM Party

Hon.Muchira Michael Mwangi,MP Ol Jorok Constituency UDA Party

Hon.MakaliJohn Okwisia,MP Kanduyi Constituency FORD-Kenya

Hon.Aden Daud, EBS, MP Wajir East Constituency Jubilee Party

Hon.CPA Suleka Hulbale Harun,MP Nominated Member UDM Party Hon.Maalim Farah,EGH,MP Dadaab Constituency WDM-Kenya Hon. Francis Kajwang' Tom Joseph, CBS, MP Ruaraka Constituency ODM Party Hon. (Dr.) Otiende Amollo, SC, EBS, MP Rarieda Constituency ODM Party Hon. Muchangi Karemba, CBS MP Runyenjes Constituency UDA Party Hon. Mogaka Stephen M., MP West Mugirango Constituency Jubilee Party Hon. Siyad Amina Udgoon, MP Garissa County (CWR) Jubilee Party

1.4 Committee Secretariat

• 5.The Committee is facilitated by the following staff:

Mr.AhmedSalimAbdalla ClerkAssistantI/HeadofSecretariat

Mr.RonaldWalala Senior Legal Counsel

Mr.Abdikafar Abdi ClerkAssistantIll

Ms. Jael Ayiego ClerkAssistant III

Mr.IsaacNabiswa Legal Counsel I

Mr. Omar Abdirahim Fiscal Analyst I

Ms. Vivienne Ogega Research Officer Il

Mr. John Nduaci Serjeant-At-Arms

Mr.Meldrick K. Sakani AudioAssistant

Ms. Mary Kamande PublicCommunicationsOfficerIll

Mr. Calvin Karung'o MediaRelationsOfficerIll

Mr. Silas Opanga HansardReporterIll

CHAPTERTWO

2BACKGROUNDINFORMATION

2.1Legal Framework

• 6.The Committee was guided by the following provisions of the Constitution and statutes in executingitsmandate:
• (1) Article lo of the Constitution on the national values and principles of governance;
• (2) Article 59 of the Constitution on the Kenya National Human Rights and Equality Commission;
• (3) Chapter 6 of the Constitution on leadership and integrity;
• (4)Article77of theConstitutiononrestrictionon activitiesofStateOfficers;
• (5) Article 78 of the Constitution on dual citizenship;
• (6) Article I18 of the Constitution on public participation;
• (7) Article 124(4) of theConstitution on consideration of personsfor appointment to public office;
• (8)Article232of theConstitutiononvalues andprinciplesofpublicservice;
• (9) Article 250(2)of the Constitution on the appointment process of the ChairpersonandMembersofaconstitutional commission;
• (10) The Public Appointments (Parliamentary Approval) Act, Cap. 7F;
• (11)TheEthics and Anti-Corruption CommissionAct,Cap.7H;
• (12) The Kenya National Commission on Human Rights Act, Cap. 7l; and
• (13) The Leadership and Integrity Act, Cap. 185C.

2.2NotificationofNominations

7. Sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act, Cap. 7F stipulate as follows:

"3.Exercise of powers of appointment

AnappointmentundertheConstitutionoranyotherlawforwhichtheapprovalofParliament isrequiredshallnotbemadeunlesstheappointmentisapprovedordeemedtohavebeen approvedbyParliament inaccordancewith thisAct.

5.Notification ofnomination

• thisActapplies,notifytherelevantHouseofParliamentaccordingly.
• (2) A notification under subsection (l) shallbe ——
• (a) in writing;
• (b)belodgedwiththeClerkoftherelevantHouseofParliament.
• (3)Anotificationofappointmentshallbeaccompaniedbyinformationconcerningthe nominee,havingregard to theissues mentioned insection7.
• (4)For purposes of this Act, a notification of nomination shall be deemed to be duly given

8. Pursuant to section Il(6) of the KNCHR Act, Cap. 7l as read with the aforementioned provisions of the law,H.E.the President, through the Head of PublicService, transmitted totheRt.Hon.Speaker of theNational Assembly thePresidential NominationCertificate

No.9of 2025,theReport of theSelectionPanel and thenominee's curriculumvitaevide letterreferencedEOP/CAB.26/4A/VOL.Vdated14rhAugust2025(Annexure1).

2.3Notification to theHouse and Referral to theCommittee

• 9.Standing Order 42(2) of the National Assembly Standing Orders provides that: "If a message is received from the President,at a time when the House is not in session,the

Speaker shallforthwithcause themessage to betransmitted to everyMember and shall report the message to the House on the day the House next sits."

10. To this end, therefore, the Rt. Hon. Speaker, vide Message No. 012 of 2025 dated 19ch August 2025 (Annexure 2) conveyed to the House the Message from H.E. the President nominating Ms. Claris Awour Ogangah for appointment as Chairperson of the KNCHR. 2. I1. In addition, and pursuant to section II(7) of the KNCHR Act, Cap. 7l, the Rt. Hon. Speaker referred the name and curriculum vitae of the nominee to the Departmental Committee on Justice and Legal Afairs for approval hearing and reporting to the House within twenty-one (21) days.

2.4NotificationtothePublic

12. Article l18 of the Constitution provides that Parliament shall facilitate public participation and involvement in the legislativebusiness and other business of Parliament and its Committees. 2. Order 45(3) of the National Assembly Standing Orders further provide that the Clerk shall notify the public of the time and place for holding an approval hearing at least seven days prior to the hearing. 14. Accordingly, the Clerk of the National Assembly placed an advertisement dated 20rh August 2025 in the print media notifying the nominee and the general public that the Committee would conduct the approval hearing on 28th August 2025 at Committee Room 26, 5th Floor, Bunge Tower, Parliament Buildings at I0.00 am (Annexure 3).

2.5Notification to the Nominee

15. The Clerk of the National Assembly vide a letter dated 20th August 2025 referenced NA/DDClJLAC/2025/092 (Annexure 4) invited the nominee for the approval hearing in Cap. 7F.

2.6ClearanceandComplianceRequirements

• I6. Vide letters dated 20th August 2025 and referenced NA/DDC/JLAC/2025 (086), (087), (088), (089), (090) and (091) the Clerk of the National Assembly wrote to the DCl, EACC, HELB, KRA, ODPP and ORPP (Annexure 5) requesting for reports with respect to the nomineeonthefollowingmatters:
• (a) criminal records;
• (b) ethics and integrity;
• (c) higher education loan repayment(s);
• (d) tax compliance;

• (e) active criminal court proceedings; and
• (f)political party affiliations.

17. The Clerk of the National Assembly also wrote to the CUE and The University of Nairobi (UON) vide letters referenced NA/DDC/JLAC/2025/(095) and (096) dated 25th August 2025 (Annexure 5) seeking reports on authenticity of the nominee's academic credentials. 18. The following institutions wrote back to the National Assembly clearing the nominee: DCl videletterreferencedDCl/CRO/SEC/6/7/2/A/VOL.XVl//33dated27hAugust2025;EACC videletter referenced EACC.7/10/5VOL XXXIll(93) dated 27thAugust2025;HELBvide letter referenced HELB/RR/l12009/V/438 dated 27th August 2025;KRA vide letter referenced KRA/5//002/5(12869) dated 3rd September 2025; ODPP vide letter referenced ODPP/SPP/GEN dated 27thAugust 2025; ORPP videletter referenced RPP/ORG/34 VOL. IX (32) dated 22nd August 2025; and CUE vide letter referenced CUE/10/9 VOL.36 dated 28th August2025.(Annexure 6) 19. At the time of the adoption of this Report, UON had not responded.

2.7Criteria for Consideration during the Approval Hearing

20. Section 6(7) and (8) of the Public Appointments (Parliamentary Approval) Act, Cap. 7F provides that: 2. "(7) An approval hearing shall focus on a candidate's academic credentials, professional training andexperience,personal integrityandbackground.

• (8) The criteria specified in the Schedule shall be used by a Committee during an approval hearingforthepurposesofvettingacandidate."

21. Additionally, section 7 of the Act provides that the issues for consideration by the relevant HouseofParliamentinrelationtoanynominationshallbe: 5. (a)theprocedureusedtoarriveatthenominee; 6. (b) any constitutional or statutory requirements relating to the office in question;and 7. (c) the suitability of the nominee for the appointment proposed having regard to whether the nominee's abilities, experience and qualities meet the needs of the body to which nomination is beingmade. 22. While conducting the approval hearing, the Committee was guided by the provisions of section 6(7) and (8) and section 7 of the Public Appointments (Parliamentary Approval) Act, Cap.7F.

2.7.lProcedureforNomination

• 23.Article250oftheConstitutionprovidesthat:

"Composition, appointment and terms of Office.

• (1)Eachcommission shallconsist ofatleastthree,butnotmore thannine,members.
• (2) The chairperson and each member of a commission, and the holder of an independent office, shall be——
• (a)identified and recommended for appointment in a manner prescribed by national legislation;
• (b)approved by the National Assembly;and

• (c)appointed by the President.
• (3)Tobeappointed,apersonshall have thespecificqualificationsrequiredby thisConstitution ornationallegislation.
• (4)Appointmentstocommissionsandindependentofficesshalltakeintoaccountthenational valuesreferredtoinArticleI0,andtheprinciplethatthecompositionofthecommissions and offices,taken as a whole, shall reflect the regional and ethnic diversity of the people of Kenya.
• (5) The chairperson and each member of a commission,and the holder of an independent office,shallbe-—
• (a) identified and recommended for appointment in a manner prescribed by national legislation;
• (b) approved by the National Assembly; and
• (c)appointed by the President."

24. Section II(1) and (2) of the KNCHR Act, Cap. 7I provides that:

• the occurrence of the vacancy,convene a selectionpanelfor thepurpose of selecting suitable candidatesforappointment as theChairpersonormemberoftheCommission.
• (2) The selectionpanel convenedundersubsection(l) shall consist of—

(a)onepersonnominatedby eachof thefollowingbodies-

(i)theOfficeofthePresident;

(i)deleted by Act No.20 of 2020, Sch.;

(ii)the Office of the Attorney-General;

(iv)theMinistryresponsibleformattersrelating togenderandsocial development;

(v)thePublicServiceCommission;

(vi)theLawSocietyofKenya;and

(vi)theNational Council forPersonswithDisabilities;and

(b)two persons nominated by the Association of Professional Societies in East Africa.

25. In exercise of his powers in Article 250(2)(c) of the Constitution and in accordance with section II(1) and (2) of the KNCHR Act, Cap. 7l,H.E.the President vide Gazette Notice No. 4651 of 11th April 2025(Annexure 7),convened a selection panel for the recruitment of 26. Section Il(4), (5) and (6) of the KNCHR Act, Cap. 7l provides as follows regarding the procedure of selecting a qualified persons for Chairperson of the KNCHR: 3. "(4) The selection panel shall, within seven days of its convening, invite applications from qualifiedpersonsandpublishthenamesandqualificationsofallapplicantsin theGazetteandtwodailynewspapersofnationalcirculation.

• (5) The selectionpanel shall within seven days ofreceipt ofapplications under subsection (4)considertheapplications,interviewandshortlistatleastthreepersonsqualifiedfor appointment as Chairperson and eight persons qualified for appointment as members oftheCommissionandshallforwardthenamesoftheselectedcandidatestothe Presidentfornomination.
• (6) Until afterthefirstgeneral election afterthecommencementofthisAct,thePresident in consultationwith thePrimeMinister shall,withinsevendays ofreceiptofthenames forwarded under subsection (5),nominate one person for appointment as Chairperson and four persons for appointment as members of the Commission,and shallforward thenamesof thepersonsnominated to theNationalAssembly."

• 27.In accordance with the aforementionedprovisions,the Selection Panel advertised, shortlistedand interviewedthe applicants andselected three(3)persons qualifiedfor appointment as Chairperson of the KNCHR and subsequently,forwarded the names of the selectedcandidatestoH.E.thePresidentfornomination.
• 28.Accordingly,H.E. the President, through the Head of Public Service,forwarded to the National Assembly the name of Ms. Claris Awour Ogangah for approval for appointment as ChairpersonoftheKNCHRinaccordancewithArticle250(2)(b)of theConstitution, sectionIl(6)of theKNCHRAct,Cap.7I and section 3 of thePublic Appointments (Parliamentary Approval) Act, Cap. 7F.

2.7.2ConstitutionalandStatutoryRequirements

29. The Committee was guided by the following provisions of law on the requirements for appointmenttotheStateoffice:

(a)NationalValuesandPrinciplesofGovernance

• 30.ArticleI0of theConstitutionprovidesforthenationalvaluesandprinciplesofgovernance whichState officers should abide by in discharging their mandate.Theyinclude:patriotism; of the people; human dignity; equity; social justice;inclusiveness; equality;human rights; non-discrimination and protection of the marginalized; good governance; integrity; transparencyandaccountability;andsustainabledevelopment.

(b)ConductofStateOfficers

31. Article 75 of the Constitution requires a State Officer, whether in public or private life to behaveina manner that avoidsconflictbetweenpersonalinterestandpublicofficial duties. The Article further prohibits a State officer who has been dismissed or otherwise removed fromofficeforcontraventionofprovisionsofChapterSixoftheConstitutionfromholding anyotherStateoffice. 2. 32.Article77oftheConstitutionoutlinesthatafull-timeStateofficermustnotparticipatein any other gainful employment and that any appointed State officer must not hold office in a political party. 3. 33.Moreover,theConstitutionunderArticle78furtherstipulatesthataStateofficermustnot holddualcitizenshipbutinsteadshallbeacitizenofKenyaonly. 34. Article 232 provides for the values and principles of public service as high standards of professional ethics;efficient,effective and economicuse ofresources;responsive,prompt, effective,impartialandequitableprovisionofservices;involvementofthepeopleinthe process of policy-making; accountability for administrative acts; transparency and provision to thepublic oftimely,accurate information;fair competitionand merit as thebasis of appointments andpromotions;representationof Kenya's diverse communities;and affording adequate and equal opportunities for appointment, training and advancement, at all levels of thepublicservice of men andwomen,membersof all ethnicgroups andpersons with disabilities.

(c)QualificationsforAppointmentasChairpersonoftheKNCHR

35. Article 250(2)(a) of the Constitution contemplates that the KNCHR Act, Cap. 7I shall prescribe the manner in which the Chairperson of the KNCHR shall be appointed. 36. Section I0(l) of the KNCHR Act, Cap. 7l provides for the qualifications of the Chairperson oftheKNCHRasfollows:

"A person shall be qualified for appointment as the Chairperson of the Commission if the person-

• (a)has knowledge and at least fifteen years experience in matters relating to law andhumanrights;
• (b) holds a degree from a universityrecognized inKenya;and
• (C) meets therequirements ofChapterSixof theConstitution.

(d)LeadershipandIntegrity

37. The Committee, in determining the suitability of the nominee, was also guided by the provisions on leadership and integrity as outlined under Chapter Six of the Constitution. In particular, Article 73(2) of the Constitution provides that the guiding principles of leadership andintegrityinclude: 2. (a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections; 3. (b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices; 4. (c)selfless service based solely on the public interest, demonstrated by 5. (i)honesty in the execution of public duties;and 6. (ii) the declaration of any personal interest that may conflict with public duties. 7. (d) accountability to the public for decisions and actions; and 8. (e) discipline and commitment in service to the people. 9. 38.In addition,the Committee considered section10of the Leadership and Integrity Act,Cap. 185Cinparticularwhichprovides that: 10. "A State officer shall, to the best of their ability—— 11. (a)carry out the duties of the office efficiently and honestly; 12. (c) keep accurate records and documents relating to thefunctions of the office;and 13. (d) report truthfully on all matters of the organization which they represent."

2.7.3 Suitability of the nominee for the proposed appointment having regard to whether the nominee's abilities, experience and qualities meet the needs oftheofficetowhichnominationisbeingmade

39. The suitability of the nominee was assessed after scrutiny of her academic credentials, professional training and experience, personal integrity, background and qualities as well as her performance during the approval hearing conducted on 28th August 2025.

CHAPTERTHREE

3APPROVALHEARINGOFNOMINEE

40. The Committee held a sitting on 28th August 2025 to deliberate on the approval hearing andnotedthat: 2. (a)thenomineehadnotnotifiedtheClerkoftheNationalAssemblyofherwithdrawal (Parliamentary Approval) Act, Cap. 7F; 3. nominee.Instead,ithadreceivedfourmemorandafromaformerChairpersonof KNCHR,Executive Director ofAmnesty International Kenya,ExecutiveDirector ofCenterforJustice Governance and EnvironmentalActionandFIDA-Kenya supporting the nominationof Ms.Claris Awour Ogangah for appointment as Chairperson of KNCHR (Annexure 9); and 4. (c) the current Vice-Chairperson of the KNCHR was a man and as such the nominee being a woman, thenomination complied with Article 250(1l) of the Constitution as readwithparagraphI(6)of theSecondSchedule totheKNCHRAct,Cap. 7l. 5. 41.TheCommittee,therefore,proceededtoexamine thenomineeon theareassetoutin 7F as follows:

3.1 Ms. Claris Awour Ogangah - Nominee to the Office of Chairperson of KNCHR

42. The nominee appeared before the Committee on 28th August 2025 and was vetted under oath to examine her suitability. The Committee noted the following:

3.1.1Questions from General Questionnaire

Citizenship,DateandPlaceofBirth

43. The nominee is a female Kenyan citizen and does not hold any other citizenship. She was born in 1972 in Nairobi County.

AcademicandProfessionalQualifications

44. The nominee is a trained Mediator; a certified Public Secretary; and an Advocate of the High Court havingbeen admitted tothebar on 27thApril 200l.Sheholds a: 2. (a) 2010: Master of Laws (LLM), The University of Nairobi; 3. (b) 2000: Postgraduate Diploma in Law,Kenya School of Law (KSL); 4. (c)1998:Bachelor of Laws,Dr.Babasaheb Ambedkar Marathwada University,India; 5. (d) 1995: Bachelor of Commerce, Dr. Babasaheb Ambedkar Marathwada University, India;and 6. (e) 1990: Kenya Certificate of Secondary Education, Ngara Girls High School. 7. 45.She also indicated that she has undertaken the following trainings: 8. (a) Human Rights Based Approach to programming; 9. (c) Trial Advocacy [Lawyers without Border and NITA]; 10. (b) Designing, Managing and Delivering a Human Rights Training; 11. (d) Litigating women's rights;

• (e)PublicInterestLitigation;
• (f)Facilitation and Presentation Skills;
• (g) Gender and Human Rights;
• (h) Results Based Management;
• (i) Training in Election Observation; and
• (i)Project Management and Evaluation.

EmploymentRecordandWorkExperience

• 46.Thenomineehasworked in thefollowingcapacities:
• (a) 2020-to date: Human Rights Specialist/Deputy Head of Office, United Nations Office of the High Commissioner for Human Rights (UN-OHCHR);
• (b) 2011-2020:Human Rights Officer, UN-OHCHR;
• (c) 2009-20ll: Deputy Executive Director/Head of Programs, Federation of Women Lawyers-Kenya (FIDA-K);
• (d) 2007-2009:Senior Legal Counsel, FIDA-K;
• (e) 2005-2007: Legal Counsel, FIDA-K;
• (2 2003-2005:Practicing Advocate,Oloo and OlooAdvocates;
• (g) 2001-2003: Practicing Advocate, Wainaina Ireri and Company Advocates; and
• (h) 1999-200l: Pupillage and Practicing Advocate, Abida Ali and Company Advocates.

MembershipsandProfessional Associations

47. The nominee indicated that she is an ordinary member of the Law Society of Kenya (LSK) and the East African Law Society (EALS). She added that she is also a member of FIDA-K, Runda Women Association, Children Sickle Cell Foundation and Ridgeways Baptist Church.

PublishedWritings

• 48.Thenomineeindicatedthatshehasthefollowingpublications:
• (a) Failure to Deliver - Violations of Women's Rights in Kenyan Health Facilities, 2007
• (b) )"ATRISK"Violationof HIV+Women inKenyanHealthFacilities,2007
• r s Program), University of Nairobi, 2010;
• (d) Human Rights in Action (UN-OHCHR), 2012;
• (e) Columnist with East African Standard Newspapers responding to questions on issues affecting employed women, 2007-2011;
• ManualforSelf-Represented LitigantsonFamilyLaw,2008;
• (g)S Succession and Family Law(Publicationfor Legal Resources Foundation-LRF),2009;
• Law University),2010;
• 1 Policy Brief on women's land and property rights (based on the National Land Policy), 2007;
• ) Human Rights Based Approach to Development Manual,2014;
• (k) )Policy on Alternative JusticeSystems(for FIDA-K),2019;
• Catalysing rights-based environmental action for people and planet in KenyaOHCHR,2022;and
• realizationofSDGs,2020.

• 49.Shealsosubmitted thatshehadmadethefollowingpresentations:
• (a)Ensuringno oneis leftbehind:A human rights-based approachtodatawhichculminated to an MOU between theKNCHR andKenya National Bureau ofStatistics (KNBS).
• (b)Human rights and development for the Inter-Governmental Agency on reporting and follow-up on human rights obligation under the leadership of the Attorney-General in preparation for the reporting to Human Rights Council on the Universal Periodic ReviewProcess.
• (c)The Climate Crisis, Just Transitions, and Human Rights in Africa on understanding the intersectionsfor a sustainable and equitablefuturepresentedduring theRightHere Right Now (a global summit on climate change and human rights in partnership with OHCHR, University of Oxford and University of Nairobi, among others.
• (d)Businessandhumanrightsandtheimplementationof theUNGuidingprinciplesof Business andhumanrightsfortheprivate sector.

Integrity

• 50.The nominee submitted that she has not been charged in a court of law,nor has she been adversely mentioned in any investigatory report produced by Parliament or a Commission of Inquiry within the past three years. In addition, the nominee stated that she has never been dismissed or removed from office for violating the provisions outlined in Article 75 of the Constitution.

IncomeandNetWorth

51. The nominee estimated her net worth to be Kshs. 303 million comprising jointly owned immovable property estimated at 123 million and 180 shareholdings in jointly owned business.Sheindicatedher currentsourcesofincome toincludesalary,rental income and dividendsfromshares.

PotentialConflictofInterest

• 52.The nominee declared thatshe iscurrentlynot associatedwith anypersons or matters that would present a potential conflict of interest should she assume the position of the Chairpersonof theKNCHR.Ifaconflictofinterestwereto arise,shestated thatshewould resolve it according to the provisions of the law.

ProBonoandCharityWork

53. The nominee indicated that she provides pro-bono legal services and has made monetary contributions toFIDA-Kanddevotesher time atChildrenSickleCell Foundation,Runda WomenAssociationandRidgewaysBaptistChurch.

3.1.2General andSectorSpecificQuestionsfor theNominee

54. The Committee posed several questions to the nominee on her suitability for appointment as Chairperson of the KNCHR. The nominee responded as follows:

On policebrutality

• 55.Thenomineestated thatshewould leverageherexperienceandnetwork acquiredduring her time at the UN-OHCHR and international best practice to address police excesses. She addedthatherwork at theUN-OHCHRhadenabledher todirectlyengagewiththe Independent Policing Oversight Authority (IPOA), the Internal Affairs Unit in the National Police Service (NPS) and the ODPPwhere she identified training and enhanced capacity of securitypersonnel andopendialogueascritical toolsincombatingpolicebrutality.

• 56.Furthermore,she stated that she had hands-on experience in crisis management and preventionwhichsheacquired byconveningdifferentstakeholders to discuss andresolve issues of concern.For example,in 2022,she contributed toprevention of election violence in Mathare Village by encouraging open dialogue between the Officer Commanding Station (OCS), various ethnic groups, social justice centres and civil society organizations at the grassrootlevel.

On challengesfacingKNCHR

• 57.Thenominee informed theCommitteethat,asaHumanRightsSpecialist at UN-OHCHR, shehadbeeninvolvedinconversationswiththeOfficeoftheAttorney-Generalandthe KNCHR regarding plans to hold public talks on Human Rights Day on Iorh December 2025. Thepurposeof thesetalkswouldbetodiscussthechallenges experiencedbyconstitutional commissionspost-2010,includingissuessuchaslackofgoodwilltowardssomecommissions and inadequate funding. She added that there were plans to conduct a baseline survey to identifycontemporaryhumanrightsconcerns andtodevelopviablemitigationmeasures. Shecommittedto advancingtheseinitiatives,if approved.

58. Regarding KNCHR's inadequate budgetary allocation,the nominee stated that, if approved, from development partners such as the United Nations and bilateral States,with whom she 59. In addition, the nominee noted that KNCHR's main challenge as a trust deficit. She stated that,if approved,shewouldendeavourtotranslatetheCommission'slocalreputationinto thesamelevelofinternational acclaim.She addedthatshewouldalsostrivetoimprovethe relationship of the Commission with all arms of governmentfor effective service delivery.

Oncompensationofvictimsofdemonstrations

• 60.The nominee underscored that compensation of victims is a fundamental human rights issue which is not only limited to the KNCHR but requires concerted efforts from all relevant stakeholders.Shenoted thatwhilethemandateofthePanelofExpertsonCompensation ofVictims of Demonstrations andPublicProtestsmay overlapwith that of theCommission, thePanel's term of service is limited.Therefore,upon expiration of the Panel's term,the Commissionwould take over andcontinue to address compensation claims in linewith its mandate.
• 6l.lnaddition,the nomineeinformedthe Committee that should she be approved as Chairperson of the KNCHR, shewould fiercely defend the Commission's mandate.

On herpassion forhumanrights

62. The nominee submitted thatshewaspassionate abouthumanrights,particularlyhuman rightsthroughalensofdevelopment.ShestatedthatKenyashouldfocusonmainstreaming humanrightsin developmentfor meaningful and sustainable development. 63. To demonstrate her passion, she stated that she championed Kenya's ratification of the United Nations Principles on Business and Human Rights. She added that she has worked with the private sector in capacitating them on matters relating to business and human

• togethermorestakeholderstorevamptheCommission.

64. Thenomineefurthersubmittedthatshehasbeenactivelyinvolvedinadvocatingfora KNBStolookathumanrightsfromadatalens.

On synergy with non-governmental civil societies

65. Thenominee noted that her experience in the humanrights and advocacy had enabled her to form good relations with the civil society organizations space. She added that she hopes to continue being that bridge to resolve issues for meaningful participation and ensure inclusivity in human rights issues.

OnpublicsensitizationoftheKNCHR

66. Thenomineeattributed theCommission'slackofvisibilitytoinadequatecommunication whichis conducted only during times of crisis.Inherview,publicperception onfailure to provide basic rights such as quality healthcare and housing are the causes of demonstrations andcouldbepreventedthrougheffectivecommunicationof the Commission's efforts in monitoring andadvocating for government compliance with human rights obligations.

Ontherighttopicket

67. Thenominee noted thattheright topicket,asprovidedinArticle 37of the Constitution, against violence.She added that such limitation must be provided forin statute. 2. 68.In addition,she stated thatwhile theNational PoliceService (NPS) is mandated toprovide violencemustincorporateahumanrightsperspective andbeproportionateinmeasure. 3. 69.S ShealsoindicatedthatwhileworkingwiththeODPP,NPSandtheOfficeoftheAttorneyGeneral,sheprovided an analysisofbestpracticeonensuringabalancebetweentheright to protest and maintaining public order. For instance, Sweden which has a liaison police officer(DialoguePolice)whoseroleistode-escalateprotestswhenthey turnviolent.

On thepracticalitiesofhumanrights anddevelopment

70. Thenomineenoted that theBottom-UpEconomicTransformationAgenda(BETA) espouses a human rights and development perspective by focusing on those often'left behind' in matters housing and healthcare. In her view, housing should be defined as housing accessible to any ordinaryKenyanwhile social housingshould targetresidents of informal settlements.Sheindicatedthat,ifapproved,shehopedtocollaboratewithrelevant stakeholders toensureafair allocationofhousingunits. 2. 71.F Regarding qualityhealthcare,she committed towards inclusive coverage under the Social HealthInsuranceFund for all individualsincludingpatientswithpre-existing conditions suchasSickleCellAnaemia.

Oninclusionoftheyouth

• 72.The nominee noted that public participation must be contextualized based on the subject matter at hand,not be a one-sense fits all. She emphasizedthe needtoutilize contemporary platforms such as TikTok to effectively engage the youth. She further stated that she would leverage technology alongside her established networks and partnerships withyoungpeople to achieve thisgoal.

On devolution oftheCommission

73. Noting that the Commission currently has a presence in six regions, she stated that would implement innovative strategiessimilar to the Officeof theAttorney-General bydevolving operations through shared spaces and resources in Huduma Centres.

Onhumanrightslitigation

74. The nominee noted that unsettledjudgements inhuman rights lawsuitswasknown toher, having litigated theExportProcessingZoneAuthority&10others(Suingon their own behalfandonbehalfofallresidentsofOwino-UhuruVillageinMikindani, Changamwe Area,Mombasa)v National Environment Management Authority & 3 others (PetitionE021of2023)[2024]KESC 75(KLR)(6December2024) (Judgment)onpollution in the coastal region up to theSupreme Courtwhere an award was issued against the National Environment Management Authority (NEMA). 75. The nominee also submitted that during her time at the UN-OHCHR she was involved in supportingstakeholderstodevelopareparationsframeworktoenabletheGovernment payvictims of humanrightsviolations.She addedthat thoughtheydevelopeddraft Regulations tobeanchoredonthePublicFinanceManagementAct,theywerenever

3.1.3CommitteeObservationsontheSuitabilityoftheNominee

• 76.The Committee having considered the nominee's filled questionnaire pursuant to section 6(8) of the Public Appointments (Parliamentary Approval) Act, Cap. 7F her curriculum vitae, and having heard her oral submission during the approval hearing, made the following observations on her suitability for appointment as Chairperson of KNCHR:
• (1) THAT pursuant to Section Io(1)(a) of the KNCHR Act, Cap. 7I the nominee demonstratedexpertiseinlaw andhumanrightshaving at least fifteenyears' experience in human rights advocacy.
• (2) THAT the nominee holds aBachelor of Laws Degree from the Dr.Babasaheb Ambedkar Marathwada University, India recognized in Kenya having been accreditedasarecognizedinstitutionbyCUEandtherebymeetstherequirements of section I0(1)(b) of theKNCHR Act,Cap. 7l.
• (3) THAT the nominee demonstrated an aspiration for integrity in public service and thusmeetstherequirementsofChapterSix oftheConstitutionandsection 10(1)(c) of the KNCHR Act, Cap. 7I on leadership and integrity.
• (4) THAT the nominee, having been cleared by DCI, EACC, HELB, KRA, ODPP and ORPP meets the statutory requirements for appointment as the Chairperson of theKNCHR.

CHAPTERFOUR

4COMMITTEEOBSERVATIONS

77. Pursuant to sections 6(7) and (8) and 7 of the Public Appointments (Parliamentary Approval)Act,Cap.7F,theCommitteeobserved that:

(a)ProcedureforNomination

• (1) The nomineewas selected in accordance with theprovisions of Article 250(2) of the Constitution as read with section Il(4), (5) and (6) of the KNCHR Act, Cap. 7l.

(b)Constitutional andStatutoryRequirements

• including those on citizenship; leadership, ethics and integrity; tax compliance; and higher education loan repayments.
• (3) The nominee has met the integrity threshold,demonstrated knowledge of topical, administrative and technical issues of the position to which she has been nominated, andhas therequisite abilities, academic qualifications andprofessional experience to be approved for appointment as Chairperson of the KNCHR.
• towhetherthenominee'sabilities,experienceandqualitiesmeetthe needsofthebodytowhichthenominationismade
• (4) The nominee has demonstrated deep understanding of the affairs of the KNCHR and the roles of Chairperson of the Commission.Shepossesses therequisite abilities for inter-governmental coordination and cooperation and strong leadership skills, including strategic vision, effective decision-making and stakeholder engagement, all of whichareinstrumental for apersonnominatedto serve asChairpersonof the KNCHR.
• experienceinhumanrights issueswithaparticularfocusondevelopmentcritical in addressing the contemporary challenges affecting Kenyans.She demonstrated an awareness ofthedifficultiesfacedbytheKNCHR andpracticalsolutions tothese challenges.
• (6)The nominee has a wide network of key stakeholders inthehuman rightsspace having variousStateandnon-stateactorsinthesector.Thiswouldbesignificantin strengtheningtheoperationsoftheKNCHR,particularly,throughcollaborationwith developmentpartnersforresourcemobilizationfortheCommissionin thecurrent financially-austeregovernment.

CHAPTERFIVE

5 COMMITTEERECOMMENDATION

78. Havingconsidered thenomineepursuant toArticle250(2) of the Constitution,section 10of theKNCHRAct,Cap.71andsections 3 and8of thePublicAppointments (Parliamentary Approval) Act, Cap. 7F, the Committee recommends that the National Assembly approves the appointment of Ms. Claris Awour Ogangah to the Office of Chairperson of theKenya National Commission on Human Rights.

2 3. 9.025

SIGNED..

DATE.

HON.GEORGEGITONGAMURUGARA,CBS,MP CHAIRMAN DEPARTMENTALCOMMITTEEONJUSTICEANDLEGALAFFAIRS