Ruto’s protest victims compensation panel seeks to quash orders stopping its work

The Panel of Experts on Compensation of Victims of Demonstrations and Public Protests has filed an application in the High Court in Kerugoya seeking to set aside conservatory orders that halted its operations.

The panel on Thursday said it had suspended its activities in compliance with the September 8 ruling but would continue to follow court directions until the matter is determined.

“The Panel, in compliance with the court orders, had suspended its operations and will continue to comply with the court orders until further directions from the court,” read the statement.

In its petition, the panel argues that the conservatory orders were improperly obtained, accusing the petitioner, Nairobi-based lawyer Levi Munyeri, of “forum shopping in Kerugoya over the recess” and of concealing material facts.

“Mr. Munyeri concealed two earlier petitions: HCCHRPET/E544/2025 – Lempaa Suyianka v State Law Office and Others and HCCHRPET/E553/2025 – Dr. Magare Gikenyi J. Benjamin v Presidential Panel of Experts on Compensation of Victims of Demonstration and Public Protests and Others,” the panel stated in its court filing.

It further told the court that Munyeri “misled and induced the learned recess duty judge, Magare J., into the perplexing situation of giving ex parte relief over a matter where the eminent Dr. Magare (a relation of the learned duty judge) is a litigant in related pending litigation.”

The panel added that unless the motion to vacate the orders is heard urgently “It will be nugatory. The Panel’s 120-day lifespan would have expired by effluxion of time. The urgency is self-evident.”

On September 8, the High Court in Kerugoya issued conservatory orders temporarily stopping the implementation of President William Ruto’s directive establishing a framework for the compensation of victims of demonstrations and protests.

Justice Kizito Magare certified the petition challenging the framework as urgent and directed that it be heard inter partes.

The ruling suspended a recent Gazette Notice dated August 25, 2025, which had formally appointed the 18-member panel chaired by President Ruto’s advisor on constitutional affairs and human rights, Prof. Makau Mutua.

The court also restrained the respondents from enforcing or acting on the August 6 presidential proclamation on compensation for protest victims until the application is heard.

"Pending the hearing, the court stayed the commencement of the mandate of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests and suspended the implementation of Gazette Notice No. 12002 of August 25, 2025, which had appointed the panel to establish a reparations framework," reads the order.

The matter will be mentioned on October 6 before the High Court in Kerugoya.

The panel was sworn in on September 4, with members drawn from civil society, the legal fraternity and other professional fields, including Law Society of Kenya (LSK) President Faith Odhiambo as Vice Chairperson.

It is tasked with designing a compensation framework for victims of protests dating back to 2017 and engaging stakeholders to ensure fairness in the reparations process.