The 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 was initially set to be co-chaired by Law Society of Kenya President Faith Odhiambo and was mandated to implement President William Ruto’s August 8 proclamation outlining a compensation framework for victims of protests. Odhiambo later resigned from the role following public uproar over the committee’s work and composition.
She explained that the panel’s time-bound mandate had already been halted by a High Court order, noting that the proposed 120-day tenure was likely to expire before the issues before the court were resolved.
Odhiambo added that her resignation did not affect her commitment to advocate for victims of police brutality, stating that she would continue pushing for justice through the LSK’s leadership.
Her place on the panel has since been taken by the current KNCHR, Claris Awuor Ogangah-Onyango.
