Blow to Ruto as Court Halts to Compensation Panel for Protest Victims

High Court in Kerugoya has stopped the government from implementing President William Ruto’s plan to compensate victims of demonstrations and public protests, issuing conservatory orders that suspended the legal framework and expert panel behind the initiative.

Justice Kizito Magare on Saturday, September 6, ruled that the matter raised urgent constitutional questions and should be heard during the court’s vacation period.

The orders halted Gazette Notice No. 1609 dated August 25, which appointed an 18-member panel to oversee payouts, and suspended Ruto’s proclamation issued on August 6, establishing the reparations framework.

“This application is certified as urgent and heard during the vacation,” said Magare.

Ruto formally swore in the panel on  September 4.

The team is chaired by Professor Makau Mutua, his senior adviser on constitutional affairs and human rights. Law Society of Kenya President Faith Odhiambo serves as vice chair.

 Other members include Amnesty International Kenya Executive Director Irungu Houghton, former Solicitor General Kennedy Ogeto, and academics Linda Musumba and Duncan Ojwang’.

The panel was tasked with facilitating compensation for victims of protests and riots dating back to 2017.

However, the appointments sparked criticism from legal experts and civil society leaders. Former LSK President Isaac Okero and lawyer Martin Oloo argued the panel lacks a constitutional basis and duplicates the role of the Kenya National Commission on Human Rights.

They also warned that it cannot enforce payouts without enabling legislation.

Odhiambo has faced backlash from lawyers who accused her of compromising the independence of the Law Society by joining a government-appointed team.

She said she would resign if the panel’s work conflicted with her principles.

Amnesty International Kenya defended Houghton’s role, saying he serves in an advisory capacity while continuing his duties.

Critics also noted the panel focuses on compensation without holding perpetrators accountable, particularly security forces accused of excessive force.

Some observers linked its creation to demands by opposition leader Raila Odinga, raising questions about political motivations.

Magare directed the State Law Office, Cabinet Secretary for Interior and Coordination of National Government, and two other respondents to file responses within 14 days.

 Munyeri, the petitioner, must file supplementary affidavits and submissions within seven days of receiving the responses. The respondents will then have seven days to reply.

The case will be mentioned on October 9, in Kerugoya.