The High Court in Nakuru has dismissed a constitutional petition challenging the legality of the Presidential Taskforce on Gender-Based Violence (GBV), including femicide.
Justice Patricia Gichohi ruled that President William Ruto acted within his constitutional authority when he established the taskforce through Executive Order and Gazette Notice No. 109 of January 9, 2025, which was later extended through Gazette Notice No. 3862 of March 28, 2025.
The petition was filed by Magare-Gikenyi B and three others, who challenged the President’s authority to establish the taskforce, arguing that its mandate overlapped with the functions of existing constitutional bodies, including the National Gender and Equality Commission.
The petitioners argued that the creation of the taskforce amounted to duplication of public offices and could result in the wastage of public resources, contrary to Article 201(d) of the Constitution.
They also challenged the suitability of former Deputy Chief Justice Nancy Baraza as chairperson of the taskforce, citing her previous departure from office and arguing that she was disqualified from holding public office.
The petitioners sought orders declaring the taskforce unconstitutional and invalid, quashing the gazette notices establishing it and prohibiting implementation of its report.
They also sought an order holding the President personally liable for public funds spent on the taskforce.
The respondents, including the Attorney General, the taskforce and the National Gender and Equality Commission, opposed the petition.
They argued that the President, as Head of State and Government, has the constitutional authority to take measures necessary to address matters of national concern, including establishing temporary taskforces where necessary.
The respondents further maintained that the taskforce did not take over the functions of existing institutions because its mandate was primarily to identify trends, hotspots and causes of gender-based violence and femicide and make recommendations.
Justice Gichohi agreed with the respondents, finding that the Constitution gives the President general discretion to perform executive functions necessary to implement existing laws, including establishing ad hoc taskforces.
The judge noted that the taskforce was established to advise the President and did not have independent decision-making powers.
The court therefore found that its terms of reference did not violate the Constitution or unlawfully usurp the mandate of existing constitutional institutions.
On the challenge against Baraza’s appointment, the court found that her resignation from the position of Deputy Chief Justice occurred before a tribunal’s recommendation for her removal could be acted upon.
The court consequently held that she had not been formally dismissed or removed from office, meaning the constitutional restriction relied upon by the petitioners did not apply.
Justice Gichohi also rejected the attempt to hold the President personally liable for money spent on the taskforce, citing constitutional presidential immunity in relation to official acts and noting that the President is not an accounting officer.
The court dismissed the petition in its entirety and ordered each party to bear its own costs, taking into account the public-interest nature of the case.
The judgment in Magare-Gikenyi B & 3 others v Presidential Taskforce on Technical Working Group on Gender-Based Violence (GBV) including Femicide & 55 others, Constitutional Petition E027 of 2025, was delivered at the High Court in Nakuru on September 14, 2026.
