Panel on protest victims compensation moves to overturn orders freezing its operations

The panel tasked by President William Ruto to handle compensation for victims of demonstrations is challenging a High Court ruling that has frozen its operations.

The 14-member team argues the orders issued by Justice Kizito Magare of Kerugoya High Court were irregular and unfair, and has filed an appeal in the Court of Appeal in Nyeri.

Led by Makau Mutua with Law Society of Kenya President Faith Odhiambo as deputy, the panel includes Amnesty International’s Irungu Houghton, former Solicitor General Kennedy Ogeto, Rev Kennedy Barasa, Linda Musumba, Dr John Olukuru, Dr Duncan Ojwang, Naini Lankas, Dr Francis Muraya, Pius Metto, Juliet Chepkemei, Fatuma Abass, and Richard Barno as technical lead.

Duncun Okela also serves as technical lead, with Jerusah Mwaathime and Raphael Ng’etich acting as joint secretaries.

In their appeal, Mwaathime contends that the petitioner, Levi Munyeri, misled Justice Magare by failing to disclose that one of the petitioners, Dr Magare Gikenyi, is related to the judge.

He argues this created a “perplexing situation” that influenced the issuance of the orders.

“The orders were irregularly obtained during recess in a matter that is sub judice, as two related petitions had already been filed before the High Court at Milimani,” Mwaathime said.

He added that Munyeri engaged in forum shopping by shifting the case from Nairobi to Kerugoya without disclosing the existing petitions, thereby violating the principles of fairness and good faith.

“By suppressing the existence of the Milimani petitions, the Petitioner engaged in clear forum shopping by abandoning the Nairobi forum and seeking orders in Kerugoya during recess, contrary to the principles of fairness, candour, and good faith in judicial proceedings,” he said.

Mwaathime warned that the ruling, if allowed to stand, would hinder the panel’s efforts to deliver justice to victims of police brutality.

“The orders issued by Justice Magare would unjustly paralyze this unprecedented mandate, deny long-overdue justice to victims, and defeat the very purpose for which the Panel was constituted,” he said.

The panel also challenged the legality of the orders, stressing that conservatory rulings cannot undo actions already lawfully undertaken.

They argued that government acts carry a presumption of regularity, and that the orders were issued without notifying all parties involved, risking serious prejudice.

“If not lifted, the orders will greatly prejudice the panel and victims, and undermine public interest in securing justice, accountability and redress,” Mwaathime stated.

The appeal insists that the orders be stayed pending full hearing of the main case, highlighting that victims would bear the brunt if the matter remains blocked, while the petitioners would suffer no harm if the restrictions were lifted.

Other Topics To Read

• National
• President William Ruto
• Police Brutality
• compensation
• Protest Victims
• Makau Mutua
• Compensation of Victims
• Panel on protest victims compensation moves to overturn orders freezing its operations
• Headlines

In his petition, Munyeri claims President Ruto bypassed Parliament by forming the panel, arguing that only Parliament can allocate funds for compensation.

He raised questions about the source and accountability of the money intended for victims, and stated that the panel was overstepping the mandate of the Kenya National Commission on Human Rights.

“Allowing the Executive to bypass or displace the Commission’s functions by creating temporary bodies would defeat the purpose of constitutional entrenchment, because it would permit erosion of the Commission’s independence, fragment institutional responsibility and risk arbitrary outcomes,” Munyeri said.

The Court of Appeal is scheduled to hear the case on September 29, 2025, with both sides set to make arguments on the legality of the panel’s mandate and the High Court orders.