Ruto Faces Setback as Activists Challenge Protest Victims’ Compensation Panel
President William Ruto has run into a major political and legal setback just days after unveiling a new team of experts meant to handle compensation for victims of past protests.
Four activists, led by Dr. Magare Gikenyi, have now moved to court to challenge the legality of the President’s decision, saying it goes against the provisions of the Kenyan Constitution.
In their petition dated Wednesday, August 27, the activists argued that Ruto had acted outside his constitutional mandate by creating the panel.
They pointed to Article 134 of the Constitution, which clearly spells out the powers of the President, insisting that the law does not grant him authority to establish such a body.
According to the petitioners, the so-called “team of experts” was appointed using what they described as “imaginary mirage powers” that do not exist in Kenya’s progressive Constitution.
They emphasized that Article 132(4), which outlines the functions of the President, does not give him the mandate to establish a panel on compensation, reparation, or cohesion.
“The President has therefore acted outside the limits of his office,” the petition stated. “This amounts to a violation of the Constitution, including Articles 1(1), 2(2), 10(2) and 129, which deal with sovereignty of the people, rule of law, national values, and the exercise of authority.”
The activists further criticized the panel’s structure, arguing that it lacked transparency since Ruto’s proclamation failed to specify its duration despite being funded by taxpayers.
They questioned the logic of the Executive compensating victims of protests, noting that Kenya already has established institutions such as the courts, which are mandated to handle such matters.
According to them, creating the panel amounted to duplication of roles and wastage of scarce public resources. They cited Article 201 of the Constitution, which emphasizes prudent use of public funds, accountability, and transparency in government spending.
“Other than the President, no one knows how much the members of this panel will earn in allowances or salaries,” they noted, describing the process as contrary to principles of openness and good governance.
This petition comes barely three days after President Ruto appointed an 18-member panel to manage the compensation framework.
The appointments, which were published in the Kenya Gazette on Monday, August 25, followed Ruto’s August 8 proclamation where he announced plans to compensate victims of protests dating as far back as 2017.
The panel is chaired by Prof. Makau Mutua, the President’s advisor on Constitutional Affairs and Human Rights, and co-chaired by Faith Odhiambo, the President of the Law Society of Kenya (LSK).
According to Ruto, the team was tasked with implementing the compensation program as part of his wider effort to address grievances arising from violent protests.
However, with this fresh court battle, the initiative now faces uncertainty, as the petitioners insist the President’s move was unconstitutional and a misuse of public resources.
Join Government Official WhatsApp Channel To Stay Updated On time
https://whatsapp.com/channel/0029VaWT5gSGufImU8R0DO30
