The government will proceed with compensating victims of protests and riots even as it appeals a High Court ruling that removed the presidential compensation panel’s powers.
In a statement issued on January 9, 2026, the Panel of Experts on Compensation of Victims of Protests and Riots announced that it would comply with a High Court judgment delivered on December 4, 2025, which had restructured the compensation process. The panel clarified that filing an appeal does not suspend compliance with the court’s orders.
The Kerugoya High Court ruled that the President lacked constitutional authority to establish a body to verify, investigate, and compensate victims of demonstrations and public protests.
The court held that this mandate rests exclusively with the Kenya National Commission on Human Rights (KNCHR), an independent constitutional commission.
Following the ruling, the government issued Special Gazette Notice No. 259 on January 5, 2026, formalising changes to the panel’s role. The panel was stripped of authority to verify victims or disburse compensation and was converted into an advisory body. It now provides advice to the President based on reports prepared by KNCHR.
The panel stated that administrative and procedural steps were underway to implement the judgment in accordance with established legal and institutional frameworks.
While an appeal has been filed to seek clarification on broader legal issues arising from the ruling, officials stated that this would not halt or delay the compensation process.
The court emphasised that KNCHR holds constitutional responsibility for documenting cases, investigating violations, and facilitating redress for victims of state violence during protests, warning against parallel structures operating outside constitutional frameworks.
To allow time for the new framework to be implemented, the government extended the advisory panel’s term by six months in January 2026, with its mandate now set to run until early July.
Earlier court decisions have also addressed violations related to protests. In April 2025, the High Court awarded a total of Ksh2.2 million to 11 protesters for rights violations during the 2024 anti-tax demonstrations, with each receiving Ksh200,000. The court also declared unlawful a police ban on protests within Nairobi’s central business district.
Courts have further ruled on accountability in cases related to riots. On January 5, 2026, the Eldoret High Court ordered the parents of students at Litein Boys High School to collectively pay Ksh69 million for property damage caused during student riots in late 2024 and early 2025, citing their responsibility for parental oversight.
