President William Ruto’s authority to establish a task force on gender-based violence and femicide has been upheld by the High Court after judges rejected a petition seeking to invalidate the body and stop its operations.
Justice Patricia Gichohi, sitting in Nakuru, found that the President acted within his constitutional mandate when he created the Presidential Taskforce on Gender-Based Violence and Femicide through Executive Order and Gazette Notice No 109 of January 9, 2025.
The task force was subsequently given more time to carry out its work through Gazette Notice No 3862 of March 28, 2025.
The court was considering a petition filed by Magare-Gikenyi B and three others, who questioned the legality of the task force and argued that its responsibilities were similar to those already assigned to the National Gender and Equality Commission (NGEC).
According to the petitioners, the President had gone beyond the powers granted to him by the Constitution by setting up the body. They argued that the move breached several constitutional provisions and created an unnecessary duplication of government functions.
“The petitioners maintain that duplicating roles is a waste of scarce public resources since the task force will essentially be performing roles of existing public offices, contrary to Article 201(d) of the constitution,” they further contended.
The petitioners also challenged the appointment of the task force’s chairperson, Nancy Baraza, raising questions about her integrity based on her previous position as Deputy Chief Justice.
“It is further the petitioners’ case that the chairperson of the task force, the 14th respondent [Nancy Baraza] raises a question of integrity and maintains she was removed from public office as the Deputy Chief Justice due to misconduct.”
They asked the court to declare the task force unconstitutional, null and void and cancel the gazette notices through which it was established and later extended.
They further sought orders preventing the implementation of the task force’s report and requiring compliance with the Constitution.
The petitioners also wanted President Ruto to be held personally responsible for the money used to finance the task force.
The respondents opposed the case and defended the establishment of the task force. They included the task force itself, the Attorney General, NGEC and the Gender Principal Secretary, among others.
Their position was that the President has the power to establish task forces when circumstances require them, particularly where they are intended to address matters of public concern.
“The respondents further argue the mandate of the task force does not in any way usurp the mandate of the third respondent [NGEC] as the task force was mandated to identify trends, hotspots and causes contributing to gender-based violence and femicide, which is becoming rampant and a great concern...” the court heard.
The respondents further said the President’s action was backed by the Constitution.
“They held that the President acted within constitutional authority in establishing the task force under Article 129 which vests executive power in the President and Article 21(3) which obligates the state to address the needs of vulnerable groups.”
They also rejected the argument that Baraza’s previous departure from the Deputy Chief Justice office barred her from holding another public position.
In her ruling, Justice Gichohi found that the President has broad discretion under the Constitution to carry out executive functions needed to give effect to existing laws.
The judge said the Constitution “confers upon the President a general discretion to perform executive functions necessary to implement existing laws,” including the creation of ad hoc task forces.
Justice Gichohi further found that the duties assigned to the task force were not unconstitutional.
She noted that the body was constituted “to advise the President as per the Terms of Reference (TOR) but with no powers in regard to decision-making.”
The court also dismissed the challenge against Baraza’s suitability to chair the task force.
Justice Gichohi observed that Baraza had resigned from the Deputy Chief Justice position voluntarily before the tribunal’s recommendation was acted upon. She therefore found that she had not been dismissed or removed from office, as “never happened.”
The judge also rejected the attempt to make President Ruto personally responsible for expenditure incurred by the task force.
According to the ruling, the President is not an accounting officer and is protected from such personal liability by Article 143(2) of the Constitution.
Justice Gichohi consequently dismissed the petition in its entirety.
However, the court did not order the petitioners to pay the respondents’ costs, citing the public interest nature of the case. Each party was instead directed to meet its own costs.