Concerns as Attorney General revokes Waqf Commission selection panel

In what appears to be another setback in the implementation of the Waqf Act, the Attorney General has revoked the appointment of a five-member selection panel that had been tasked with nominating suitable candidates for the Waqf Commission.

The revocation was announced by Dorcas Oduor, through a gazette notice dated October 24, 2025.

“In exercise of the powers conferred by Section 7(1) of the Waqf Act, the Attorney-General revokes the appointment of the members of the Selection Panel, for the purpose of nominating suitable candidates for appointment as members of the Waqf Commission,” the notice reads.

Curiously, while the notice is contained in the Gazette notice dated October 24, 2025, the date of the revocation, as signed by Dorcas Oduor, is given as June 13, 2025.

The revoked members of the selection committee include Jawahir Keinan Hassan, Al-Hajji Hassan Kirua ole Naado, Sheikh Ibrahim Lethome Asmani, Sheikh Abdalla Ibrahim Ateka, and Sumayya Hassan.

They were appointed by the Attorney General in March this year. This followed a revocation of a previous team appointed by former Attorney General Justin Muturi.

According to the Waqf Act, the selection committee is responsible for the nomination process for Waqf Commissioners, ensuring that qualified individuals are appointed to the Commission.

The revocation will lead to further delays in implementing the Waqf Act, going against the pledge by President William Ruto to have a speedy implementation of the Waqf Act. The Head of State had given his commitment to actualize the law after previously criticizing delays in its implementation.

During an address earlier this year, President Ruto blamed former Attorney-General Justin Muturi for the delay, promising that his successor, Dorcas Oduor, will accelerate the process.

“On Waqf, I agree with you; it has taken too long. There is no reason for the delay, and I had a problem with the AG who was there. He was fairly incompetent, but now I have a very competent lady, and I can assure you the issues of Waqf will be sorted out,” he said while responding to concerns raised by Muslim leaders during an iftar (breaking the fast) dinner at State House.

While the appointment of the panel was seen as a significant step in the administration of waqf matters, the move by the AG to disband the panel signals intrigues and growing concerns in the community on delays in the appointment process of Waqf Commission members.

Last month, the Supreme Council of Kenya Muslims (SUPKEM) chairman Hassan Ole Naado tendered his resignation from the committee as he cited inadequate logistical support from the Attorney General’s office, lack of clear timelines, and unresolved legal clarifications on the work of the committee. “Since our appointment, we have convened several meetings alongside the technical and support teams representing the appointment authority. However, there has been limited progress, and the delay in appointing Wakf commissioners is becoming increasingly concerning for both the institutions we represent and the wider community,” he said in a letter dated September 9 addressed to the Attorney General.

Other members of the selection Committee had voiced their frustrations with the Attorney General for what they said was lack of adequate support to the team to undertake its obligations. "It appears she intends to appoint her own people whom she can easily control," said Sheikh Ibrahim Lethome, who was the chairman of the selection committee.

Among the intrigues, two advertisements appeared in media calling for applicants, but they were later cancelled by the Attorney General’s office without explanation.

Without the commissioners, the management of the Wakf Commission is left without oversight, weakening accountability systems and delaying plans to put in place a robust system to effectively manage the affairs of the commission.

The Waqf Act was first assented to in 1951 during colonial times, and it was meant to strengthen the governance and administration of waqf (Muslim endowment) affairs in Kenya.

In 2022, a new law that repealed the previous Act was enacted. The law, aligned to the current constitution, was meant to provide effective management of Waqf matters; however, operational challenges have slowed its implementation, prompting concerns from the Muslim community.

The Commission is a key institution in managing and safeguarding waqf properties, which include religious endowments and charitable trusts established for the benefit of Muslim communities. It is meant to ensure the proper administration of the properties is in accordance with Islamic principles.

The Waqf Commission manages properties worth hundreds of billions of shillings and revenue generated from the properties is meant to support mosques, educational programmes, health care, and other social welfare programmes in the Muslim community.