Court Extends Orders Stopping Operations of the Panel Until October 21
The High Court has once again stopped the operations of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, extending its conservatory orders until October 21.
This ruling comes as yet another setback for President William Ruto, who unveiled the task force in August to address issues related to victims of protests. However, since its announcement, the panel has faced a series of legal and procedural hurdles.
“The interim orders have been extended until October 21 at 10 a.m.,” the presiding judge confirmed during the latest court session.
The first conservatory orders were granted on September 8, after Justice Kizito Magare certified an application filed on September 5, 2025, as urgent.
The court directed that the case be heard inter partes, meaning both the petitioners and respondents would present their arguments.
On Monday, October 6, the matter was mentioned again at the Kerugoya Court, where the judge ordered the petitioners to file their submissions within three days, while the respondents were given seven days to respond.
With the conservatory orders still in force, the respondents—namely the State Law Office and the Ministry of Interior—remain barred from implementing the presidential directive issued on August 6.
The petition challenging the panel was filed by four human rights activists, who described the President’s action as an “unlawful exercise of power.”
They argued that President Ruto lacked the legal authority to form such a panel and questioned the transparency of the process used to appoint its members.
Interestingly, this new court order coincided with the resignation of Law Society of Kenya (LSK) President Faith Odhiambo, who had been serving as a member of the Panel of Experts. Odhiambo, alongside Professor Makau Mutua, had also been listed as an interested party in the original lawsuit.
In her resignation letter, Odhiambo explained that since the court had already suspended the panel’s operations, its time-bound 120-day mandate could expire before the case is concluded.
She said it would therefore be impractical for her to continue serving under those circumstances.
According to the gazette notice that established the panel, its main duties included creating a framework to identify, verify, and categorize victims of demonstrations, and confirming relevant data from bodies such as the Independent Policing Oversight Authority (IPOA), the Kenya National Commission on Human Rights (KNCHR), and the Ministry of Health.
The panel was also expected to recommend suitable reparations for victims.
Additionally, where evidence pointed to wrongdoing, the panel was tasked with recommending prosecutions and accountability actions through the Office of the Director of Public Prosecutions (ODPP).
The panel had been given a three-month window to deliver its report and recommendations. However, the ongoing conservatory orders have disrupted this timeline, as nearly two months will have passed by the time the court revisits the matter on October 21.
This delay effectively paralyzes the panel’s work and casts doubt on whether it can complete its mission within the originally planned period.
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