The High Court has extended conservatory orders halting the functions of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests.
This marks another blow to President William Ruto, who announced the task force in August, but has been met by roadblocks.
"The interim orders have been extended until then, and then refers to October 21 at 10am," the judge said.
Initial conservatory orders were issued on September 8 when Justice Kizito Magare certified the application dated September 5, 2025, as urgent and directed that it be heard inter partes (between the petitioner and the respondent).
On Monday, October 6, the case was mentioned again at a Kerugoya Court, with the judge directing petitioners to file within three days. Respondents, meanwhile, are expected to file submissions within seven days.
With the conservatory orders still in place, respondents (State Law Office and Ministry of Interior) and their servants are still unable to act on the presidential proclamation of August 6.
The initial petition was filed by four activists, who challenged what they described as "unlawful exercise of the President's powers". The activists further claimed that President Ruto had no legal authority to establish such a panel, as they also questioned the criteria used in selecting the panel's members.
Incidentally, the latest court directive occurred nearly concurrently with the resignation of Law Society of Kenya (LSK) President Faith Odhiambo from the Panel of Experts. Odhiambo had been named alongside Professor Makau Mutua as an interested party in the initial lawsuit.
In her resignation letter, Odhiambo noted that the time-bound mandate of the panel had already been stopped by the High Court, and therefore, the proposed 120-day tenure of the panel was likely to lapse before the matter is resolved and settled.
As per the gazette notice, the panel’s mandate included designing an operational framework to verify and categorise victims, authenticating data from authoritative institutions such as IPOA, KNCHR, and the Ministry of Health, and recommending appropriate reparations.
Where evidence allows, the panel will also be proposing prosecutions and accountability measures through the Office of the Director of Public Prosecutions (ODPP).
While the panel was tasked with conducting its mandate within three months, the hurdle that is the conservatory orders throws a spanner in the works, since by the time the next court decision is made (October 21), nearly two months will have lapsed since the panel's formation.
