Fresh AU campaign beckons as crucial seat held by Kenyan falls vacant

Kenya could be back to the strenuous AU campaigns next year after the African Union Commission declared three seats – one held by a Kenyan – vacant.

The commission’s latest note verbale dated October 3 opened the nomination process for the election of three new members to the African Commission on Human and Peoples’ Rights, set to take place during the 48th Ordinary Session of the Executive Council in February next year.

Among those whose terms are expiring is Kenya’s representative Litha Musyimi-Ogana, who is eligible for re-election.

Musyimi-Ogana was elected to the commission in July 2022 to complete the unexpired term of her predecessor Lawrence Mute, representing the Eastern region.

Her term will come to an end next year. However, her seat is categorised in the AU charter as floating, meaning any other region can contend to fill it.

Under Article 36 of the African Charter on Human and Peoples’ Rights, she is eligible for re-election, specifically for the floating seat, which rotates among the continent’s five regions.

Although the floating seat is currently not open to the Eastern Region, Kenya is permitted to re-nominate her, in line with the charter provisions.

Musyimi-Ogana, a sister to former MP reverend Mutava Musyimi, was born in 1959 and has worked as an international civil servant and development adviser for many years.

At the commission, she made marks while chairing committees responsible for Indigenous people and people living with HIV.

Alongside her, other outgoing commissioners include Marie Abomo of Cameroon and Mudford Mwandenga of Zambia who were elected in February 2020 for six-year terms.

They are also eligible for re-election.

Following the conclusion of these terms, the composition of the ACHPR will shift, prompting the commission to seek new nominees, particularly from the Central and Southern African regions.

Member states from the Central region have been requested to submit one female candidate and from the Southern region, one male candidate.

The floating seat, last held by Kenya, is also now open to member states from the Central, Northern, Southern and Western regions.

Eastern region states, aside from Kenya, which can re-nominate Musyimi-Ogana, are excluded from submitting candidates for the floating seat in this cycle.

Member states have until November 17 to submit their nominations to the Office of the Legal Counsel of the African Union.

Each submission must include a curriculum vitae of not more than three pages, written in at least two of the African Union’s working languages and submitted in word format and PDF.

A model CV format has been attached to the call to assist in ensuring consistency.

Nominations that do not meet these requirements will not be processed.

The AUC has reminded member states that not more than one national from a State Party may serve on the ACHPR at the same time.

As such, Algeria, Angola, the Democratic Republic of Congo, Ethiopia, The Gambia, Mauritius, Senegal and Tunisia—all of which currently have nationals serving on the commission—are not eligible to nominate candidates for this election cycle.

In addition to legal eligibility, state parties are encouraged to implement transparent national nomination procedures, involving participation from civil society, judicial institutions, bar associations and human rights organisations.

These procedures are advised to meet at least the standards applied to the appointment of the highest judicial offices within each State.

The African Commission on Human and Peoples’ Rights, headquartered in Banjul, The Gambia, plays a central role in promoting and protecting human and peoples’ rights throughout the African continent.

Instant analysis

With three seats set to open, the coming weeks will be crucial for Member States preparing their nominations, and for candidates like Kenya’s Musyimi-Ogana, who may seek to continue their service within the continental human rights system.