Petition filed to stop Ruto's compensation framework for protest victims
Lempaa emphasised that public participation, transparency, and accountability are constitutional requirements that must guide the executive and government institutions.
A petition has been filed at the High Court challenging President William Ruto's creation of a framework for compensation of victims of demonstrations, arguing that it has been created outside of the Constitution and the Victims Protection Act, and thus should not be legitimised.
In the petition, Lawyer Lempaa Suyianka seeks interpretation and enforcement of constitutional provisions under Articles 19, 20, 22, 23 and 24 of the Constitution of Kenya, particularly in relation to the protection of the Bill of Rights.
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He argues that the Constitution empowers the High Court to declare any law or action invalid if it violates or threatens fundamental rights, and to grant remedies such as injunctions, conservatory orders, and compensation.
The President has been sued alongside the Attorney General, the Cabinet Secretary for the Interior, and the Cabinet Secretary for the National Treasury.
The petition claims that the respondents have established unlawful administrative frameworks that undermine constitutional freedoms.
Specifically, the petitioner challenges decisions and policies said to be inconsistent with the principles of constitutional democracy, arguing that they curtail rights without justification under the law.
In this case, Lempaa further emphasises that public participation, transparency, and accountability are constitutional requirements that must guide the executive and government institutions.
By bypassing these principles, the respondents are accused of acting in a manner that weakens constitutional safeguards.
He wants the court to issue declarations that the impugned government actions are unconstitutional, as well as orders restraining the respondents from continuing with measures that violate the rights of citizens.
Additionally, the petitioner seeks compensatory relief to remedy harm already caused.
The Attorney General, Interior, and Treasury ministries are expected to defend the policies and actions under scrutiny, while Professor Makau Mutua has been enjoined as an interested party in the proceedings.
Justice Lawrence Mugambi has directed that the petition be served on all the respondents within seven days. The judge further ordered that the respondents file their replies to both the application and the main petition within 14 days of service.
The matter will be mentioned on October 22, 2025, to confirm compliance before the court gives further directions on the hearing.
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