LSK urges court to dismiss appeal over protest victims’ compensation panel

Members of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests when they took oaths of office on September 4, 2025. (Photo: Judiciary Kenya)

By Rachael Mutabasi
Tuesday, October 7, 2025

LSK argued that the appeal is premature because the High Court has not yet delivered a substantive judgment on the petition.

The Law Society of Kenya (LSK) has asked the Court of Appeal to dismiss an appeal filed by Professor Makau Mutua and others who are challenging High Court orders that suspended the work of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, which was appointed by President William Ruto.

The panel was established through a presidential proclamation issued in August 2025 to develop a framework for compensating people who were injured or suffered losses during demonstrations and public protests.

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However, its work was temporarily halted by the High Court after a petition was filed questioning the legality and constitutionality of its creation.

The appeal was filed at the Court of Appeal in Nyeri, where 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 argue that the High Court erred by granting the conservatory orders.

They claim the orders were issued prematurely, that the High Court judge acted unfairly, and that the panel should have been allowed to begin its operations before a full hearing of the constitutional petition challenging the panel’s creation.

In response, the Law Society of Kenya (LSK), represented by K. Michuki Law Advocates, argued that the appeal is premature because the High Court has not yet delivered a substantive judgment on the petition. LSK submitted that the temporary conservatory orders were necessary to preserve the current state of affairs, uphold constitutional provisions, and prevent the panel from taking any action before the petition is fully determined.

The society further argued that the appellants had not demonstrated any arguable grounds for their appeal, nor shown that the High Court orders would cause irreparable harm if allowed to stand. LSK urged the Court of Appeal in Nyeri to dismiss the appeal, emphasising that the issues raised are still pending before the High Court and are therefore not yet ripe for escalation.

The core issue before the Court of Appeal is whether the High Court acted within its powers in suspending the panel’s work while the constitutional petition is still pending. The court’s decision will determine whether the appeal can proceed or should be struck out.

Meanwhile, Faith Odhiambo, who had served as Vice Chairperson of the panel, resigned on Monday, citing challenges that stalled the panel’s operations.

“As resilient as the resolve of the Law Society of Kenya has been in upholding the rule of law throughout Kenya's history, especially in the last two years, my oath of office demands that I do all it takes to preserve such resilience from any and all adversaries and detractors,” she said.

“Accordingly, I have today handed in my formal and immediate resignation from the position of Vice Chairperson of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests to the Head of Public Service.”

Odhiambo said her resignation from the Panel takes cognisance of the crucial point at which Kenya finds itself in the quest for full constitutional implementation and lasting reform to our democratic context. According to Odhiambo, the time-bound mandate of the Panel has been stopped by the Courts, and the proposed 120-day tenure of the Panel is likely to lapse before the matter is resolved and settled.