The High Court in Nakuru has dismissed a constitutional petition challenging the legality of the Presidential Taskforce on Gender-Based Violence and Femicide, ruling that President William Ruto acted within his constitutional authority when he established the body.
Justice Patricia Gichohi held that the President has a general discretion to perform executive functions necessary to implement existing laws, including establishing ad hoc task forces where circumstances warrant. The taskforce was established through Executive Order and Gazette Notice No. 109 of January 9, 2025, and its mandate was later extended through Gazette Notice No. 3862 of March 28, 2025.
The petition was filed by Magare-Gikenyi B and three others, who argued that the President had exceeded his constitutional powers by creating a body whose mandate allegedly overlapped with that of the National Gender and Equality Commission (NGEC).
The petitioners contended that the duplication of functions amounted to wastage of public resources and violated Article 201(d) of the Constitution, which requires public money to be used in a prudent and responsible manner.
They also challenged the appointment of Nancy Baraza as chairperson of the taskforce, raising concerns over her previous tenure as Deputy Chief Justice and arguing that her departure from the Judiciary raised questions about her integrity.
The petitioners asked the court to declare the taskforce unconstitutional and null and void, quash the gazette notices establishing it, and prohibit the implementation of its report. They also sought orders compelling compliance with the Constitution and wanted the President held personally liable for money spent on the taskforce.
The respondents, including the taskforce, the Attorney General, NGEC and the Principal Secretary for Gender, opposed the petition. They argued that the President, as Head of State and Government, has the authority to establish taskforces when necessary to address matters of public concern.
The respondents maintained that the taskforce did not usurp the constitutional mandate of NGEC, arguing that its role was primarily to investigate and identify trends, hotspots and causes contributing to gender-based violence and femicide.
They relied on Article 129 of the Constitution, which provides for the exercise of executive authority, as well as Article 21(3), which obligates the State to address the needs of vulnerable groups. Justice Gichohi agreed with the respondents, finding that the taskforce’s terms of reference were constitutional.
The judge noted that the body was established to advise the President in accordance with its terms of reference and had no powers to make binding decisions.
