By Michelle Ndaga
The High Court in Kerugoya has temporarily halted the implementation of President William Ruto’s protest victim compensation framework, following a legal challenge questioning its constitutionality.
Justice Kizito Magare issued conservatory orders stopping the operations of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, which had been appointed under Gazette Notice No. 12002 dated August 25, 2025.
The ruling also suspends enforcement of the President’s August 6 directive establishing the framework until the matter is fully heard.
The court acted on a petition filed by lawyer Levi Munyeri, who argued that the framework violates constitutional provisions, including the separation of powers, proper management of public funds, and public participation in policymaking.
Munyeri further questioned the legality of appointing Faith Odhiambo, Law Society of Kenya President, as co-chair of the 18-member panel alongside Prof. Makau Mutua, citing potential conflicts of interest.
The panel was tasked with designing a reparations and compensation plan for victims of public protests, demonstrations, and riots dating back several years.
Its creation had sparked debate among legal experts and the public, with critics arguing that the executive overstepped its constitutional mandate by bypassing parliamentary approval.
The High Court directed the respondents including the State Law Office and the Ministry of Interior to file their responses within seven days of service.
A directions hearing is scheduled for October 6, 2025, at the Kerugoya High Court.
This ruling underscores ongoing tensions in Kenya between executive action and judicial oversight. While supporters of the framework argue it is a necessary measure to compensate victims of past unrest, the court’s intervention highlights the importance of following constitutional procedures and ensuring accountability in government-led initiatives.
