The Panel of Experts on Compensation of Victims of Demonstrations and Public Protests has filed an application in the High Court in Kerugoya to set aside the ex parte conservatory orders issued on September 8, 2025.
In a statement shared on Thursday, September 11, the chairperson, Makau Mutua, acknowledged the panel’s compliance with existing court directives while pursuing legal recourse.
“The Panel in compliance with the court orders had suspended its operations and will continue to comply with the court orders until further directions from the court,” Mutua stated.
According to the court document filed by the committee, the panel seeks to overturn the conservatory orders that have effectively halted their mandate to establish a compensation framework for protest victims.
In their filing, the committee accuses Levi Munteri of engaging in improper legal conduct when he obtained the September 8 conservatory orders. The document alleges that Munteri deliberately concealed material facts from the court and engaged in forum shopping by bringing the case to Kerugoya during the court recess.
“Concealing material facts, Mr Munteri misled and induced the learned recess duty judge ‘Hon Justice Kizito into perpetuating annulment of giving ex parte relief without jurisdiction,” the committee states in their court filing.
The committee further argues that Munteri’s failure to disclose relevant information to the court when seeking the ex parte orders was a material non-disclosure that invalidates the original ruling.
The legal challenge stems from a High Court ruling in Kirinyaga on Monday, September 8, where Justice Magare Dennis Kizito issued conservatory orders following an application by Levi Munteri.
The court’s decision effectively suspended the panel’s mandate and blocked further implementation of Gazette Notice 12002 of August 23, 2025, which had officially appointed the committee to establish the compensation framework.
Justice Kizito also issued restraining orders preventing respondents from implementing or acting upon the presidential proclamation of August 6, 2025, that established the framework for compensating victims of demonstrations and public protests.
The panel, which has now been forced to suspend operations, was established through a gazette notice and includes several prominent figures in Kenya’s legal and civil society landscape.
Law Society of Kenya President Faith Odhiambo serves as Vice-Chairperson, deputizing Professor Makau Mutua who chairs the committee.
The committee membership comprises notable personalities including Kennedy Ogeto, Irungu Houghton, John Olukuru, Reverend Kennedy Barasa Simiyu, Linda Musumba, and Duncan Ojwang, among others. The technical team includes Richard Barno as Technical Lead and Duncan Okelo Ndeda as Co-Technical Lead.
The panel had been tasked with developing and implementing an operational framework to verify, categorize, and compensate eligible victims of protests, demonstrations, and riots.
