Nairobi, Kenya – Friday, August 29, 2025 – The High Court has declined to suspend the panel of experts appointed by President William Ruto to oversee compensation for victims of protests.
Justice Chacha Mwita delivered the ruling, directing the petitioners to serve court papers on President Ruto, the Attorney General, Interior Cabinet Secretary, Treasury Cabinet Secretary, and Professor Makau Mutua, who chairs the panel.
Court Orders and Next Steps
The judge ordered all responses to the application and petition to be filed and served within seven days. Petitioners will then have an additional seven days to file supporting affidavits. Justice Mwita scheduled the hearing for Wednesday, September 24, 2025.
This ruling came a day after four activists, led by Dr. Magare Gikenyi, filed a petition challenging the President’s decision.
Petitioners Challenge Presidential Powers
In their application dated Wednesday, August 27, the activists argued that President Ruto had contravened the Constitution by making unlawful appointments. They pointed to Article 134 of the Constitution of Kenya which clearly defines limits on presidential powers.
The petitioners asked the court to issue conservatory orders suspending the panel. Alternatively, they sought to bar the team from compiling reports, making recommendations, or implementing any decisions.
They argued the President had acted outside his powers, using what they termed “imaginary mirage powers.” They added that under Article 132(4), the President has no authority to establish a compensation or reparation panel.
Concerns Over Funding and Mandate
The petitioners also faulted the proclamation for failing to specify the panel’s duration, despite it being financed by taxpayers. According to them, it was illogical for the Executive to oversee compensation when the Judiciary has established mechanisms for such matters.
Their concerns echo similar debates on separation of powers in Kenya, a subject also covered by the Law Society of Kenya.
Panel Appointments
President Ruto appointed the 18-member panel on Monday, August 25, 2025, through a gazette notice. The team is chaired by Prof. Makau Mutua, his advisor on Constitutional Affairs and Human Rights.
Law Society of Kenya President Faith Odhiambo was named vice-chair. The panel’s mandate is to implement Ruto’s August 8 proclamation, which announced a framework to compensate victims of protests dating back to 2017.
What This Means for Protest Victims
The outcome of this case could set a precedent on the limits of presidential powers in Kenya. It also raises key questions about accountability, the separation of powers, and the protection of human rights.
For more updates on governance and court rulings, visit our Kenya Politics section.
You can also read about Gen Z protests in Kenya and their impact on governance.
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