LSK Urges Court to Dismiss Appeal Over Protest Victims’ Compensation Panel

The Law Society of Kenya (LSK) has called on the Court of Appeal to dismiss an appeal challenging High Court orders that suspended the operations of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests. The panel, appointed by President William Ruto in August 2025, was tasked with developing a framework to compensate individuals injured or who suffered losses during demonstrations and public protests. However, its work was halted by the High Court following a petition questioning the legality and constitutionality of its formation.

The appeal, filed at the Court of Appeal in Nyeri, was brought by a group including Professor Makau Mutua, Faith Odhiambo Monyo, Kennedy N. Ogeto, Irungu Houghton, Dr John Olukuru, Rev. Kennedy Barasa Simiyu, Dr Linda Musumba, Dr Duncan Ojwang, Naini Lankas, Dr Francis Muraya, Juliet Chepkemoi, Pius Metto, Fatuma Kinsi Abass, Raphael Anampiu, Richard Barno, Dr Duncan A. Okelo Ndeda, Jerusah Mwaathime Michael, and Dr Raphael Ng’Etich. They argue that the High Court erred in issuing conservatory orders to suspend the panel’s operations. The appellants claim the orders were premature, that the High Court judge acted unfairly, and that the panel should have been allowed to commence its work pending a full hearing of the constitutional petition challenging its creation.

In response, LSK, represented by K. Michuki Law Advocates, argued that the appeal is premature as the High Court has not yet delivered a substantive judgment on the petition. The society emphasized that the temporary conservatory orders were necessary to maintain the status quo, uphold constitutional provisions, and prevent the panel from acting before the petition is fully resolved. LSK further contended that the appellants failed to demonstrate arguable grounds for their appeal or show that the High Court’s orders would cause irreparable harm if upheld. The society urged the Court of Appeal in Nyeri to dismiss the appeal, noting that the issues raised are still pending before the High Court and are not yet ripe for appellate review.

The central issue before the Court of Appeal is whether the High Court acted within its authority in suspending the panel’s work while the constitutional petition remains unresolved. The court’s ruling will determine whether the appeal can proceed or should be struck out.

In a related development, Faith Odhiambo, who served as Vice Chairperson of the panel, announced her resignation on Monday, citing challenges that have stalled the panel’s operations. Odhiambo stated that her decision aligns with her commitment to upholding the rule of law, a principle championed by LSK throughout Kenya’s history, particularly in recent years. She formally resigned from her position to the Head of Public Service, emphasizing the critical juncture at which Kenya stands in its pursuit of full constitutional implementation and lasting democratic reform. Odhiambo noted that the panel’s time-bound 120-day mandate has been disrupted by the court’s intervention and is likely to lapse before the legal dispute is resolved.

The outcome of this legal battle will have significant implications for the panel’s ability to fulfill its mandate and for the broader discourse on compensating victims of public protests in Kenya.