Court Issues Another Setback to President Ruto’s Compensation Directive
The High Court has once again frustrated President William Ruto’s plan after extending an earlier declaration that questioned the legality of the Compensation Taskforce for Victims of Political Violence.
In a detailed ruling delivered in Kerugoya, the court stated that President Ruto had no valid basis for creating a separate advisory panel on compensation when the Constitution already assigns that responsibility to the Kenya National Commission on Human Rights (KNCHR).
The judge emphasized that forming an external taskforce without anchoring it in law went beyond the President’s powers.
Justice Edward Muriithi went further to order that the presidential directive be revised within 30 days to comply with the law. If this is not done, the proclamation risked being completely quashed.
The judge clarified that the directive would not automatically be invalidated after the 30-day period, but reminded the government that continued disregard for the Constitution would eventually render the President’s orders legally void.
The court also instructed that the taskforce report be handed over to KNCHR, which should then take the lead in carrying out all necessary actions, including making any amendments required to ensure the entire process aligns with constitutional standards.
This ruling came after human rights activists and lawyers moved to court to challenge President Ruto’s decision to form a special panel of experts to handle the compensation of victims of political protests.
The appointments were published in the Kenya Gazette on Monday, August 25, with President Ruto announcing that the team would be chaired by his advisor on Constitutional Affairs and Human Rights, Makau Mutua.
Initially, the panel was to be co-chaired by Law Society of Kenya (LSK) President Faith Odhiambo and was given the responsibility of implementing the President’s August 8 proclamation on a compensation framework for victims of protests.
However, Odhiambo later stepped down following heavy criticism from the public regarding the committee’s structure and mandate.
She explained that the taskforce had already been stopped by a High Court order, and with its original 120-day mandate, it was unlikely that the panel would complete its work while the legal issues remained unresolved.
Odhiambo stressed that her resignation did not lessen her dedication to seeking justice for victims of police brutality. She stated that she would continue advocating for their rights through her leadership at the LSK.
Her position on the panel has now been taken over by KNCHR’s current chairperson, Claris Awuor Ogangah-Onyango, as the government tries to keep the compensation process moving while navigating the court’s strict directions.
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