The High Court has handed President William Ruto a significant setback after it temporarily stopped the operations of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests. The panel had been appointed by the President to handle reparations for those affected by protests across the country.
In a ruling delivered on Monday, Justice Kizito Magare granted conservatory orders suspending the commencement of the panel’s work. This order will remain in place until the court hears and determines a petition questioning the legality of the panel’s establishment.
Specifically, the judge suspended the implementation of Gazette Notice No. 12002, which had been issued on August 25, 2025, to formalize the appointment of the panel. The petition was filed by lawyer Levi Munyeri, who argued that the creation of the body was unconstitutional and unnecessary.
Justice Magare directed: “It is hereby ordered that a conservatory order do issue to stay the commencement of the mandate of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests pending the hearing of this application inter partes.”
Panel Sparks Political Debate
The panel’s formation had already sparked heated debate nationwide, particularly because Law Society of Kenya (LSK) President Faith Odhiambo was appointed as the co-chair alongside Professor Makau Mutua, President Ruto’s constitutional advisor, who was named chairperson.
The 15-member team had been tasked with designing a framework for compensating individuals who suffered injuries, losses, or damages during demonstrations, protests, and riots.
However, critics, including senior advocates, argued that the move undermined the constitutional role of the Kenya National Commission on Human Rights (KNCHR), which already has a mandate to handle such matters.
Court Directives to Respondents
In addition to suspending the panel, Justice Magare also ordered government offices linked to the matter—including the State Law Office and the Ministry of Interior—to refrain from enforcing or acting upon the President’s proclamation of August 6, 2025, which had introduced the compensation framework.
The respondents and interested parties were further directed to file their submissions within three days of receiving the petition documents. The deadline for compliance has been set for September 30, 2025. The case will then be mentioned on October 6, 2025, at the Kerugoya High Court for further directions.
Odhiambo Under Fire
Meanwhile, the case has placed LSK President Faith Odhiambo at the center of controversy. On Friday, petitioner Levi Munyeri demanded that she resign from her role at LSK after taking up the government appointment.
He warned that if she failed to step aside, he would push for her immediate removal from the society’s leadership.
“It is a personal decision for Faith Odhiambo to serve Ruto in an unconstitutional Panel of Experts. However, she must resign as the President of LSK. If she refuses, we will file an urgent motion to eject her from office,” Munyeri declared.
Odhiambo, however, stood her ground. Speaking passionately during the swearing-in ceremony of the panel last Thursday, she dismissed accusations that her decision to join the panel amounted to betrayal.
She explained that her choice was motivated by her commitment to justice and the rule of law, stressing that her involvement was to ensure victims of protests are heard and fairly compensated.
Growing Rift in Legal Circles
Her position has divided the legal fraternity, with some lawyers supporting her decision as a practical way to push for victims’ rights, while others insist that her dual role weakens the independence of LSK.
The outcome of the court case is expected to determine not only the future of the compensation panel but also the standing of Odhiambo as head of the society.
For now, the panel remains suspended, and the country waits for the October 6 court session, which will shed light on whether President Ruto’s initiative will proceed or be struck down altogether.
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