President William Ruto has suffered a setback after four activists led by Dr Magare Gikenyi filed a petition challenging his decision to form a panel of experts to oversee the compensation of victims of protests.
The petitioners in their application dated Wednesday, August 27, accused Ruto of contravening the Constitution by allegedly making unlawful appointments, stating that the Constitution was clear on the President's powers in Article 134.
They argued that the so-called team of experts were appointed through ‘imaginary mirage powers’, which, according to them, do not exist in Kenya's progressive Constitution.
"A look at the functions of the president as provided at article 132(4), provided that the president does not have powers to establish any compensation, reparation and cohesion panel whatsoever," the petitioners argued.
"The President has therefore acted outside the bounds of the Constitution, in its violation, including under Articles 1(1), 2(2), 10(2) and 129," they added.
In their application, the petitioners further argued that Ruto's proclamation did not explicitly highlight the exact duration of the panel despite being funded by taxpayers' money.
According to them, it beats logic for the same executive to purport to compensate the said citizens, yet there are institutions like courts which compensate.
The petitioners further noted that Ruto's empanelment was a duplication of duties, which they claimed amounted to imprudent use of scarce public resources, contrary to Article 201 of the Constitution.
"Other than the president, nobody knows the allowances and remuneration of the team members, contrary to principles of transparency, accountability and good governance," they claimed.
The petition comes three days after the Head of State appointed an 18-member team to facilitate the compensation of victims of protests dating back to 2017.
The appointments were gazetted on Monday, August 25, with the team set to be chaired by Ruto's advisor on Constitutional Affairs and Human Rights, Makau Mutua.
The panel, co-chaired by Law Society of Kenya President Faith Odhiambo, was formed to implement Ruto's August 8 proclamation in which he announced a framework for protest victims' compensation.
