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Compensation of protest victims: Court suspends panel of experts' mandate
Justice Kizito Magare suspended the panel of experts’ mandate and scheduled the case for further directions on October 6
The High Court has frozen President William Ruto’s directive for government compensation to victims of public protests and demonstrations following a legal challenge by a Nairobi-based lawyer, who claims that the process is unlawful.
Justice Kizito Magare on Monday temporarily stopped activities of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests pending the hearing of the application filed by lawyer Levi Munyeri.
The judge certified the case as urgent and issued three conservatory orders, all effectively freezing the mandate of the Presidential task force which was sworn into office last week.
“A conservatory order to stay the commencement of the mandate of Panel of Experts in Compensation of Victims of Demonstrations and Public Protests pending the hearing of this application inter-partes,” said the judge sitting at the High Court in Kerugoya. He also certified the case as urgent.
The second order suspended the implementation or further implementation of the Gazette Notice dated August 25, 2025 that appointed the panel, whose mandate included to establish a framework for the reparations and compensation of victims of demonstrations, public protests and riots.
Finally the court restrained the respondents (State Law Office and Ministry of Interior), their servants, agents or assigns from implementing, enforcing or in any manner acting upon the President Ruto’s proclamation establishing a framework for compensation of victims of demonstrations and public protests.
The panel’s chairperson Prof Makau Mutua and the vice-chair the president of the Law Society of Kenya Faith Odhiambo are named as interested parties in the suit.
After issuing the interim orders the court directed both the respondents and interested parties to file their responses within seven days and fixed the case for further directions on October 6, 2025.
The court orders and the legal challenge have a potential of delaying the anticipated payouts, amid increased scrutiny of Presidential powers and queries on status of the culprits, who are suspected to be State security agencies.
The case joins another one filed in Nairobi by four activists -Dr Magare Gikenyi, Eliud Karanja Matindi, Philemon Abuga and Dishon Keroti -who also believe it was unconstitutional for the President to form the panel of experts.
Both petitions allege unlawful exercise of Presidential powers and that the President lacks legal authority to establish such a panel even as they question the criteria used to select members of the team.
They are also claiming duplication of duties on grounds that the mandate assigned to the Presidential compensation panel is part of the duties performed by other State institutions such as the Kenya National Commission on Human Rights.
The President is also alleged to have usurped powers of the Office of the Director of Public Prosecutions and Inspector-General of the National Police Service, Independent Police Oversight Authority, Victims protection agency and Judiciary.
The petitioners argue it is contradictory for the executive to compensate victims when independent institutions like courts typically handle such redress.
“Considering the executive propagated the injury of its citizens, it beats logic for the same executive to purport to compensate the said citizens yet there are institutions like courts which compensate citizens in situations of human rights violations,” says the petitioners.
It is their belief and conviction that the President violated numerous provisions of the Constitution and the law in establishing the taskforce, constituting its membership, objectives and duration.
Another contention is that the powers granted to the taskforce to require access to personal data, including of victims of the violence and members of their families from any State organ or public office, is a violation of the right to privacy.
Such access breaches Article 31(3) of the Constitution and the Data Protection Act, according to the petitioners.
“This blanket power to require, and the duty to supply the required information, is further a violation of Article 249(1) and (2) of the Constitution in so far as it applies to Chapter 15 commissions and independent offices. The President of Kenya cannot lawfully direct those State organs in how they carry out their functions,” they state.
The establishment of the 18-member ‘compensation and reparation panel’ was announced through a government gazette notice dated August 25.
It is mandated to design and establish an operational framework to verify, categorise, and compensate eligible victims.
It is also expected to engage with relevant stakeholders to ensure inclusivity and fairness in the compensation process and authenticate data on eligible victims.
The gazette notice shows that the taskforce will propose legislative and institutional reforms to address protests and culture of policing. Upon completion of its work, the panel is expected to prepare and submit reports to the President. The legal dispute is pending determination.
