High Court has dealt President William Ruto a blow by issuing orders to extend an earlier court declaration on the Compensation Taskforce for Victims of Political Violence.
The High Court in Kerugoya ruled that the President had no reason to form an advisory panel on compensation outside of the remit of the Kenya National Commission on Human Rights (KNCHR).
However, Justice Edward Muriithi directed that amendments be made to the presidential directive within 30 days, or the proclamation be quashed in its entirety.
This means that should the government still be keen on ensuring justice for the protest victims, then President Ruto should pursue the same within the KNCHR.
However, Justice Muriithi pointed out that it is not automatic that the decision or proclamation will be quashed after the lapse of the 30 days, but maintained that continued non-compliance with the Constitution would render the President’s proclamations invalid.
Additionally, the court directed that the report in question be submitted to the KNCHR, which shall undertake the necessary Executive actions and allow for any required amendments to bring the process into conformity with the Constitution.
The ruling follows a petition filed by lawyers and human rights activists who challenged Ruto's decision to establish a panel of experts to oversee the compensation of protest victims.
The appointments were gazetted on Monday, August 25, with the President directing that the team be led by his advisor on Constitutional Affairs and Human Rights, Makau Mutua.
The panel, which was to be 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. However, Odhiambo resigned months later, following a public uproar.
According to the LSK boss, 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.
Additionally, Odhiambo said that despite her resignation, she would continue championing the plights of thousands of victims of police brutality through the leadership of LSK.
The LSK President was replaced by the current KNCHR Chairperson Claris Awuor Ogangah-Onyango.
