Human rights activists have filed a petition in court seeking to halt the implementation of President William Ruto’s newly constituted Presidential Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, arguing that the move is unconstitutional and a misuse of public resources.

In a case filed under a certificate of urgency, Dr. Magare-Gikenyi B., Eliud Karanja Matindi, Philemon Abuga Nyakundi, and Dishon Keroti Mogire contend that the President acted outside his constitutional mandate in creating the panel through a proclamation issued on August 6 and formalized in Gazette Notice No. 12002 of August 25.

The petitioners argue that the Constitution does not give the Head of State authority to establish ad hoc bodies to handle compensation or reparations.

They argue that such mandates are already assigned to existing independent institutions, including the Kenya National Commission on Human Rights (KNCHR), the Victims Protection Agency (VPA), the Independent Policing Oversight Authority (IPOA), the Office of the Director of Public Prosecutions (ODPP), and the Judiciary.

The 26-member panel, chaired by Prof. Makau Mutua and comprising members such as Faith Odhiambo, Kennedy Ogeto, Irungu Houghton, Dr. John Olukuru, Rev. Fr. Kennedy Simiyu, and Dr. Linda Musumba, was given 120 days, with a possibility of extension, to design a compensation framework, authenticate victim data, recommend reparations and prosecutions, and propose reforms in protest management.

While acknowledging that compensating victims of protests is a noble idea, the petitioners insist it must be handled in a structured, lawful way by established bodies rather than through a politically appointed team. 

They further argue that financing the panel with public funds breaches the principles of transparency, accountability, and prudent use of resources under Article 201 of the Constitution.

They claim the President has not disclosed the source of funds for compensation, nor clarified whether such funds were approved by Parliament through the budget process.

The petitioners are now asking the High Court to issue conservatory orders suspending the panel’s operations including report writing, recommendations, and implementation until the case is heard and determined.