Activists sue over compensation team, claim it is unconstitutional 

A group of human rights activists moved to court seeking to stop the implementation of President William Ruto’s newly created Presidential Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, terming it unconstitutional and a waste of public resources.

In a certificate of urgency filed by Dr. Magare-Gikenyi B., together with Eliud Karanja Matindi, Philemon Abuga Nyakundi and Dishon Keroti Mogire, the petitioners argue that the Head of State acted outside his constitutional powers in establishing the panel through a presidential proclamation dated August 6, and Gazette Notice No.12002 issued on August 25.

According to the petition, the Constitution does not grant the President authority to create ad hoc bodies for compensation and reparations, powers which are already vested in existing independent institutions.

They argued that the constitution already gives the Kenya National Commission on Human Rights (KNCHR), the Victims Protection Agency (VPA), the Independent Policing Oversight Authority (IPOA), the Office of the Director of Public Prosecutions (ODPP) and the courts the mandate.

“The President has no residual or discretionary powers to establish such a panel. The purported functions of the impugned body are already allocated under the Constitution and statutes. This is a duplication of duties done for political machinations and selfish interests to hoodwink Kenyans,” the petition states.

The 26 member panel, which was given 120 days with the possibility of extension, was tasked with designing a framework for compensation, authenticating victim data from State agencies, recommending reparations and prosecutions, and proposing reforms in protest management and policing.

But the petitioners insisted in the petition that while compensation of victims is a noble idea, it should be handled in a structured way by established bodies, not a politically-appointed panel.

They further contended that the use of public funds to finance the team is irregular and contravenes principles of transparency, accountability and prudent use of resources under Article 201 of the Constitution.

They argued that “the president has not explained the source of funds for compensation nor has he explained whether the said funds were budgeted and/or appropriated.”

The petitioners now want the High Court to issue conservatory orders suspending the panel’s operations, including compiling reports, making recommendations, or implementing any of its functions until the case is heard and determined.

“In the circumstances, this radical , irrational, illegal decision which has been made by the respondents to defenseless Kenyans/ wastage of funds ought to be temporarily suspended and then declared illegal null and void/quashed,” read the court documents.

The petitioners sued Attorney-General, KNCHR, the Victims Protection Agency, the DPP, the Inspector-General of Police, IPOA, the NCIC, and members of the 26-member panel appointed by the President, including Prof. Makau Mutua, Faith Odhiambo, Kennedy Ogeto, Irungu Houghton, Dr. John Olukuru, Rev. Fr. Kennedy Simiyu, Dr. Linda Musumba and others.

The panel was mandated to develop a comprehensive operational framework to verify, categorise, and facilitate compensation for victims—both civilians and security personnel—who suffered bodily harm or lost their lives during protests and riots held since 2017.

The panel’s secretariat will be housed at the Kenyatta International Convention Centre (KICC), Ground Floor, where coordination and administrative support will be based.

The establishment of the panel follows a presidential proclamation made on August 8, 2025, in which President William Samoei Ruto unveiled a national framework for compensating victims of civil unrest.

The panel is expected to consult widely with affected families, human rights bodies, civil society organisations, religious groups, and relevant State agencies to ensure the compensation process is inclusive, transparent, and fair.

It will also authenticate data on eligible victims from institutions such as the Independent Policing Oversight Authority (IPOA), Kenya National Commission on Human Rights (KNCHR), National Police Service, Ministry of Health, and other credible civil society organisations.