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Post Reply: High Court Blocks President Ruto’s Protest Compensation Plan Amid Unconstitutionality Claims

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on September 8, 2025, 3:32 pm</div><div id="pl-7849"  class="panel-layout" ><div id="pg-7849-0"  class="panel-grid panel-no-style" ><div id="pgc-7849-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7849-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">The High Court in Kerugoya has issued a significant ruling, temporarily halting President William Ruto’s plan to compensate victims of demonstrations and public protests. The decision, delivered by Justice Magare Dennis Kizito Ngwono, suspends both the operations of an 18-member Panel of Experts on Compensation of Victims of Demonstrations and Public Protests and the implementation of the presidential proclamation dated August 6, 2025, until a full hearing of the case challenging its legality. The ruling marks a major setback for President Ruto’s initiative, which has faced mounting criticism from legal experts and activists who argue it is unconstitutional and lacks legitimacy.</p>
<p dir="ltr">The court’s conservatory orders were prompted by a petition filed by lawyer Levi Munyeri, who challenged the formation of the panel and the framework established through a gazette notice on August 25, 2025. Justice Magare directed Munyeri to serve the respondents, including President Ruto, the Attorney General, the Interior Cabinet Secretary, the Treasury Cabinet Secretary, and panel chair Professor Makau Mutua, within seven days. Respondents must file their responses within the same period, with Munyeri required to submit arguments by September 24, 2025. The case is scheduled for mention on October 6, 2025, to confirm compliance and provide further directions.</p>
<p dir="ltr">President Ruto announced the compensation framework on August 8, 2025, following a wave of protests that resulted in deaths and injuries, including among security officers. The initiative aimed to address grievances from demonstrations dating back to 2017, responding in part to demands from opposition leader Raila Odinga for reparations for victims of youth-led anti-government protests. Ruto appointed his senior advisor on constitutional affairs and human rights, Professor Makau Mutua, to lead the 120-day initiative, with Law Society of Kenya (LSK) President Faith Odhiambo serving as vice chairperson. The panel, sworn in on September 4, 2025, at the Kenyatta International Convention Centre, includes notable members such as former Solicitor General Kennedy Ogeto, Amnesty International Kenya Executive Director Irungu Houghton, John Olukuru, Rev. Kennedy Barasa Simiyu, Linda Musumba, Duncan Ojwang’, Naini Lankas, Francis Muraya, Juliet Chepkemei, Pius Metto, Fatuma Kinsi Abass, and Raphael Anampiu. Richard Barno serves as Technical Lead, Duncan A. Okelo Ndeda as Co-Technical Lead, and Jerusah Mwaathime Michael and Raphael Ng’etich as joint secretaries.</p>
<p dir="ltr">The panel’s mandate includes verifying and categorizing victims, recommending compensation, engaging stakeholders for fairness, authenticating data, and proposing legislative and institutional reforms related to protests and policing. During the swearing-in ceremony, Mutua emphasized the panel’s goal of creating a framework for peaceful demonstrations, asserting that its role is advisory and supplementary, intended to bridge gaps between constitutional mandates and unresolved grievances. The panel clarified that it is not a constitutional commission or statutory body but an ad hoc advisory group established under the President’s executive authority to coordinate government functions. It also defended the state’s ability to provide reparations, stating, “The fact that State actors caused harm does not disable the State from making reparation.”</p>
<p dir="ltr">However, the initiative has faced significant legal and public backlash. Critics, including petitioners Dr. Magare Gikenyi, Eliud Karanja Matindi, Philemon Abuga Nyakundi, and Dishon Keroti Mogire, argue that the panel is unconstitutional, as it duplicates the roles of established institutions like the Kenya National Commission on Human Rights (KNCHR), the Director of Public Prosecutions (DPP), the Inspector General of Police, the Independent Police Oversight Authority (IPOA), the Victims Protection Agency (VPA), and the Judiciary. They contend that the President lacks the constitutional authority to create such a body, as only Parliament can establish entities with legal force under Article 94(5) of the Constitution. The petitioners also highlight the lack of public participation in the panel’s formation, violating constitutional requirements for transparency and accountability.</p>
<p dir="ltr">Further criticism centers on the panel’s powers to summon individuals, access personal data, and compel document production, which petitioners argue are reserved for courts, independent commissions, and Parliament. They claim the executive’s attempt to compensate victims it harmed is illogical, given existing judicial mechanisms for handling such cases. The petition filed by Lempaa Suyianka emphasizes that the Victims Protection Act of 2014 mandates court-mediated compensation through the Victim Protection Board, appointed by the Cabinet Secretary, not the President. The lack of transparency regarding panel members’ remuneration and the absence of parliamentary approval for funding have also raised concerns about improper use of public funds.</p>
<p dir="ltr">LSK President Faith Odhiambo has faced particular scrutiny, with critics accusing her of betraying the Gen Z movement by joining the panel. In response, Odhiambo defended her role, stating, “As I take up this responsibility, let it be known that I have not betrayed your trust. Access to criminal justice remains critical to me in our quest to promote and protect the rule of law.” She described the panel as an opportunity to spearhead a revolutionary shift in victim reparations, vowing that “never again shall Kenyans be killed by trigger-happy officers for exercising their constitutional rights.”</p>
<p dir="ltr">Amnesty International Kenya defended panel member Irungu Houghton’s advisory role, noting that it complements his ongoing duties. However, critics argue the panel focuses solely on compensation without addressing accountability for security forces accused of excessive force during protests. Some observers link the panel’s creation to political motivations, particularly Raila Odinga’s demands, raising questions about its impartiality.</p>
<p dir="ltr">The High Court’s ruling follows a pattern of judicial checks on President Ruto’s initiatives. Previous rulings have declared his housing levy, privatization plans, and anti-corruption taskforce unconstitutional, reflecting tensions between the executive and judiciary. In January 2024, Chief Justice Martha Koome warned that disregarding court orders risks anarchy, while the LSK called for protests against perceived judicial interference by Ruto. The current case underscores ongoing debates about the balance of power, with petitioners seeking to hold Ruto personally liable for any public funds spent on the panel and to compel constitutional agencies to handle compensation through legal channels.</p>
<p dir="ltr">As the legal battle unfolds, the panel’s work remains on hold, pending the court’s final determination. The outcome will likely have significant implications for Kenya’s approach to addressing protest-related grievances and the broader relationship between the executive and judiciary.</p>
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