The High Court has dismissed a constitutional petition challenging the legality of the Presidential Taskforce on Gender-Based Violence and Femicide.
Sitting in Nakuru, Justice Patricia Gichohi ruled the President acted within his constitutional authority when he established the task force through Executive Order and Gazette Notice No 109 of January 9, 2025.
It was later extended by Gazette Notice No 3862 of March 28, 2025.
The petition, filed by Magare-Gikenyi B and three others, alleged the President acted outside the authority given to him by the Constitution by creating a body whose functions overlapped with those of the National Gender and Equality Commission.
The petitioners argued the establishment of the task force violated various articles of the Constitution.
“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.
“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 sought declarations that the task force was unconstitutional, null and void, together with orders to quash the gazette notices, prohibition to bar implementation of its report and to compel compliance with constitutional provisions.
The petitioners also wanted the President held personally liable for funds spent on the task force.
The respondents, including the task force, Attorney General, National Gender and Equality Commission and Gender PS, among others, maintained that as head of state, the President has authority to constitute task forces on a need basis.
“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.
"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.”
Additionally, the chairperson's prior resignation from the Deputy Chief Justice office did not disqualify her from public service, the respondents contended.
Justice Gichohi agreed, ruling the constitution “confers upon the President a general discretion to perform executive functions necessary to implement existing laws," including constituting ad hoc task forces.
She found the terms of reference did not violate the constitution, adding that the taskforce was constituted “to advise the President as per the Terms of Reference (TOR) but with no powers in regard to decision-making."
On the chairperson's integrity, the court noted she voluntarily resigned before the tribunal's recommendation was acted upon hence actual dismissal or removal — never happened.
The judge also rejected personal liability against the President, noting he is not an accounting officer and enjoys immunity under Article 143(2).
The petition was dismissed in its entirety, with each party bearing its own costs due to the public interest nature of the matter.
