Ruto’s panel on compensation of victims seeks to overturn court order halting operations

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 Lucy Mumbi
Thursday, September 11, 2025

The committee argued that the orders were obtained through concealment of facts and could frustrate its 120-day mandate.

The Presidential Panel of Experts on Compensation of Victims of Demonstrations and Public Protests has asked the High Court in Kerugoya to lift conservatory orders that halted its operations, arguing that the orders were obtained through concealment of facts and could frustrate its 120-day mandate.

In its application on Thursday, the committee said it had already suspended its work in compliance with the ruling but warned that the delay risked rendering its mandate useless.

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The panel filed an application to set aside ex parte conservatory orders issued on September 8, 2025, stating that it had suspended its activities but would continue to comply with court directives until further notice. The orders were issued after lawyer Levi Munyeri challenged President William Ruto’s directive establishing the framework for compensation of victims of protests.

According to the application, Munyeri concealed two prior petitions, HCCHRPET/E544/2025 and HCCHRPET/E553/2025, misleading the duty judge into granting ex parte relief over a matter where a relation of the judge was involved in related litigation. The panel argued that unless the motion to vacate the orders is heard urgently, its 120-day mandate would lapse, making its work meaningless.

Justice Kizito Magare certified Munyeri’s application as urgent and temporarily halted the panel’s work.

“Pending the hearing, the court stayed the commencement of the mandate of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests and suspended the implementation of Gazette Notice No. 12002 of August 25, 2025, which had appointed the panel to establish a reparations framework,” Justice Magare ruled.

The court also restrained the respondents, including the State Law Office and the Ministry of Interior, from enforcing the presidential proclamation on compensation until the matter is heard. Respondents and interested parties were directed to file their responses within seven days, with submissions due no later than September 30, and the matter will be mentioned for directions on October 6, 2025.

The panel now says the legal challenge has the potential to delay anticipated payouts and comes amid scrutiny of presidential powers, particularly regarding the role of State security agencies suspected in protest-related incidents.

Similar petitions filed in Nairobi argue that the President lacked legal authority to establish the panel and that the mandate duplicates duties performed by institutions such as the Kenya National Commission on Human Rights.

“The executive propagated the injury of its citizens; it beats logic for the same executive to purport to compensate the said citizens when there are institutions like courts which provide redress,” the petitioners said.

They also contend that the panel’s power to access personal data, including that of victims and their families, violates Article 31(3) of the Constitution and the Data Protection Act.

The panel, appointed through Gazette Notice No. 12002 of 25 August, comprises 18 members tasked with verifying, categorising and compensating eligible victims, as well as proposing legislative and institutional reforms to prevent future incidents.

In response to the High Court orders, Law Society of Kenya President Faith Odhiambo and Amnesty International Kenya Executive Director Irungũ Houghton announced their withdrawal from the panel.

“For the avoidance of any public doubt, I immediately suspended my participation in the Panel of Experts on Compensation of Victims of Protests and Demonstrations in accordance with Monday’s order by the High Court and my respect for the rule of law, constitution and judicial oversight,” Houghton said.

Odhiambo emphasised her independence and commitment to justice, stating, “It is my solemn patriotic duty and obligation to respect, uphold, and defend the Constitution of Kenya.”