High Court Rules on Petition Against Ruto’s Appointments

The High Court on Friday, August 29, delivered its first ruling on a petition challenging President William Ruto’s decision to appoint a panel of experts to handle compensation for victims of protests.

Justice Chacha Mwita, who presided over the case, declined to issue temporary orders suspending the panel. Instead, the judge directed the petitioners to formally serve court documents on the key parties involved in the matter.

These include President William Ruto himself, the Attorney General, the Cabinet Secretaries for Interior and Treasury, as well as Professor Makau Mutua, who was appointed to chair the panel.

The judge further instructed that all responses to the petition and the accompanying application be filed and served within seven days.

After this, the petitioners will be given another seven days to file their supporting affidavit. Justice Mwita then scheduled the hearing of the case for Wednesday, September 24, about a month after the initial ruling.

Petition Filed by Activists

This ruling comes barely a day after four activists, led by Dr. Magare Gikenyi, moved to court to challenge President Ruto’s decision. In their petition dated Wednesday, August 27, the activists accused the President of violating the Constitution by making appointments they described as “unlawful.”

They argued that Article 134 of the Constitution clearly sets limits on the powers of a sitting President, particularly when it comes to making certain appointments or creating new institutions.

The petitioners therefore asked the court to issue conservatory orders to suspend the panel of experts altogether.

In the alternative, they requested that the court bar the panel from performing any duties, such as compiling reports, preparing recommendations, handing over findings, or implementing any actions linked to their mandate.

“Imaginary Mirage Powers”

The activists also strongly opposed the manner in which the appointments were made, saying President Ruto had acted outside the law. According to them, the President relied on what they called “imaginary mirage powers,” which they insisted are not provided for in Kenya’s progressive Constitution.

They further argued that under Article 132(4) of the Constitution, the President has no authority to create a compensation, reparation, or cohesion panel of any kind. By forming the team, they said, Ruto was exercising powers that the law does not grant him.

Another major point raised by the petitioners was that the President’s proclamation did not indicate how long the panel would serve, yet it would be funded by taxpayers’ money. To them, this lack of clarity was not only unconstitutional but also a misuse of public resources.

The activists questioned why the executive arm of government should be in charge of compensating protest victims when Kenya already has established institutions, such as courts, which are constitutionally empowered to handle such matters.

The Appointments in Question

The petition was filed just three days after President Ruto unveiled the panel through a special gazette notice on Monday, August 25.

The team comprises 18 members and was formed to implement Ruto’s proclamation of August 8, where he announced the creation of a framework to compensate individuals and families affected by protest-related violence dating back to 2017.

The panel is chaired by Professor Makau Mutua, who serves as the President’s advisor on Constitutional Affairs and Human Rights.

The Law Society of Kenya President, Faith Odhiambo, was appointed as the vice-chair. Other members of the panel include professionals and experts drawn from various fields to help structure and oversee the compensation process.

However, critics argue that while the intention of compensating victims may appear noble, the process used to form the team undermines constitutional order and accountability.

The case now sets the stage for a legal battle that will test the extent of presidential powers in Kenya, as well as how far the government can go in addressing past injustices.

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