Panel seeks to overturn court orders blocking protest victims fund

By Newsflash Writer

The panel of experts appointed to oversee compensation for victims of demonstrations is moving to overturn a High Court ruling that froze its operations. The 14-member team, created by President William Ruto, has filed an appeal at the Court of Appeal in Nyeri challenging orders issued by Justice Kizito Magare of the Kerugoya High Court.

Panel secretary Jerusah Mwaathime argued that the ruling, if upheld, would obstruct justice for victims of police brutality. He accused the petitioner, Levi Munyeri, of failing to disclose that one of the petitioners, Dr Magare Gikenyi, is a relative of the judge, creating what he called a “perplexing situation.” Mwaathime also described the case as an instance of forum shopping since two related petitions had already been filed in Nairobi before being shifted to Kerugoya during recess.

Panel composition and mandate

The panel is chaired by law professor Makau Mutua, with Law Society of Kenya president Faith Odhiambo as deputy. Members include Amnesty International’s Irungu Houghton, former Solicitor General Kennedy Ogeto, Linda Musumba, Dr John Olukuru, Dr Duncan Ojwang, Rev Kennedy Barasa, Naini Lankas, Dr Francis Muraya, Pius Metto, Juliet Chepkemei, and Fatuma Abass. Richard Barno and Duncun Okela serve as technical leads, while Mwaathime and Raphael Ng’etich act as joint secretaries.

The team was sworn in on September 4, 2025, and tasked with designing a framework to compensate victims of police brutality during protests. The government described its work as an unprecedented step toward accountability and redress for long-neglected victims.

Mwaathime warned that freezing the panel’s work would unfairly paralyze its mandate and deny victims overdue justice. He added that government acts carry a presumption of regularity, and that conservatory orders cannot undo actions already lawfully undertaken.

Petitioner’s concerns and next steps

Munyeri, the petitioner, has argued that President Ruto bypassed Parliament by forming the panel, saying only Parliament can allocate funds for such compensation. He also questioned the source and accountability of the money intended for victims and claimed that the panel undermines the constitutional role of the Kenya National Commission on Human Rights.

In his filing, Munyeri said, “Allowing the Executive to bypass or displace the Commission’s functions by creating temporary bodies would defeat the purpose of constitutional entrenchment, because it would erode the Commission’s independence and fragment institutional responsibility.”

The Court of Appeal is scheduled to hear the matter on September 29, 2025. The panel is pushing for the lifting of the orders, saying victims will continue to suffer if the matter remains blocked, while petitioners would face no harm if the restrictions are lifted.