The High Court in Kerugoya Monday issued conservatory orders temporarily halting the implementation of President William Ruto’s directive establishing a framework for the compensation of victims of demonstrations and public protests.
Justice Kizito Magare also certified the application dated September 5, 2025, as urgent and directed that it be heard inter partes.
“Pending the hearing, the court stayed the commencement of the mandate of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests and suspended the implementation of Gazette Notice No. 12002 of August 25, 2025, which had appointed the panel to establish a reparations framework,” reads the order.
The court also restrained the respondents, their servants, agents, or assigns from enforcing or acting upon the presidential proclamation of August 6, 2025, on compensation for victims of demonstrations and riots until the application is heard.
Justice Magare also ordered that the respondents and interested parties be served immediately and file their responses within seven days of service.
The applicant will then have three days to file submissions, but not later than September 24.
Respondents and interested parties are required to file submissions within three days thereafter, and in any case, not later than September 30.
The matter will be mentioned for directions on October 6, 2025 before the High Court in Kerugoya.
There is an another case pending in court in Nairobi over the team.
This came as the team planned a retreat to plan on how to start their work.
The appointment of the team has turned political with criticism on some members.
kicked off a one-week working session at the Kenya School of Government, even as debate rages over its legality.
Chaired by Prof. Makau Mutua, 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.
Some lawyers have accused Odhiambo of betraying the cause of justice by accepting the appointment. But she has remained firm, insisting her role is to ensure victims of police violence finally get justice.
“As I take up this responsibility, let it be known that I have in no way betrayed your trust,” Odhiambo said shortly after being sworn in on Thursday. “Let it be clear that access to criminal justice remains critical to me in our quest to promote and protect the rule of law as an essential element in the enjoyment of the fundamental human rights and freedoms.”
She added: “The Panel of Experts that I join today bears both the duty and opportunity to spearhead a revolutionary shift in victim reparations. Never again shall Kenyans be killed by trigger-hungry officers for exercising their constitutional rights on the streets.”
The panel has defended its establishment, noting that it is neither a constitutional commission nor a statutory body under Chapters 13 or 15 of the Constitution.
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.
Critics have warned that the panel risks overstepping the mandates of independent offices such as the Director of Public Prosecutions (DPP), the Inspector General of Police, and the Kenya National Commission on Human Rights (KNCHR).
The task force has rejected those claims, saying its role is to supplement, not supplant, existing institutions.
“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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