The High Court in Kerugoya has temporarily halted the government’s implementation of its newly established panel for compensating victims of demonstrations and public protests.
The order, issued on Monday, September 8, comes after lawyer Levi Munyeri filed a case challenging the creation and mandate of the panel. The court certified the application as urgent and issued several conservatory orders.
Among the orders, the court directed that the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests should not commence its work pending the hearing of the case.
Court Suspends Implementation of Protest Victims’ Compensation Panel
The implementation of Gazette Notice 12002 of August 25, 2025, which appointed the panel, and the President’s proclamation of August 6, 2025, establishing the compensation framework, have also been suspended.
“A Conservatory Order, staying the implementation or further implementation of the Gazette Notice 12002 of 25/08/2025 that Appointed a Panel of Experts of Compensation of Victims of Demonstrations and Public Protests to establish a framework for the Reparations and Compensation of Victims of Demonstrations, Public Protests and Riots, pending the hearing,” read the ruling in part.
“A Conservatory Order restraining the Respondents, their servants, agents or assigns from implementing, enforcing or in any manner acting upon the proclamation by the President of the Republic of Kenya dated 6th August 2025 establishing a framework for compensation of victims of demonstrations and public protests, pending the hearing of the application inter parties.”
This follows the swearing-in of the committee of experts on protest victims’ compensation on Thursday, August 4 and kicked off a one-week working session at the Kenya School of Government on Monday September 8.
The 18-member committee will be tasked with facilitating compensation for victims of demonstrations and protests dating back to 2017.
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Legality Questions Raised on the Formation of the Panel
Chaired by Prof. Makau Mutua, President William Ruto’s senior advisor on constitutional affairs and human rights, the panel faces criticism from sections of the legal fraternity, who argue that its establishment is unconstitutional.
Among those under scrutiny is Law Society of Kenya (LSK) president Faith Odhiambo, who serves as the panel’s vice chair.
The panel has defended its formation, noting that it is neither a constitutional commission nor a statutory body under Chapters 13 or 15 of the Constitution.
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In a communique, the panel explained: “It is an ad hoc presidential advisory panel, set up under Article 132(4)(a) of the Constitution — the President’s power to direct and coordinate the functions of ministries and government departments — and under the executive prerogative to appoint advisors and coordinators.”
It further argued that its members are not “public officers” within the meaning of Article 260, and therefore their appointment does not fall under the Public Service Commission Act on competitive recruitment.
“The work of the task force is advisory and supplementary intended to bridge gaps between constitutional mandates and lived grievances that have not been remedied,” the panel said.
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