Court halts Ruto's compensation plan for protest victims

Members of the panel of experts on compensation of protest victims, led by Prof Makau Mutua, take oath at KICC on September 4, 2025. [Benard Orwongo, Standard]

The High Court in Kerugoya has halted the government's implementation of President William Ruto’s plan to compensate victims of demonstrations and public protests.

Justice Dennis Magare issued conservatory orders on September 8, halting a gazette notice dated August 25 that appointed an 18-member panel of experts to oversee the payouts.

 The court also suspended Ruto’s August 6 proclamation establishing the reparations framework.

“This application is certified as urgent and heard during the vacation,” said Magare.

Ruto had formally sworn in the panel on September 4.

 The team, chaired by his senior adviser on constitutional affairs and human rights, Professor Makau Mutua, was tasked with facilitating compensation for victims of protests and riots dating back to 2017.

Law Society of Kenya (LSK) President Faith Odhiambo serves as vice chair.

Other members include Amnesty International Kenya Executive Director Irungu Houghton, former Solicitor General Kennedy Ogeto and academics Linda Musumba and Duncan Ojwang.

The appointments sparked sharp criticism from legal experts and civil society leaders.

Former LSK President Isaac Okero and lawyer Martin Oloo argued the panel lacks a constitutional basis and duplicates the role of the Kenya National Commission on Human Rights.

Some also warned it could not enforce payouts without enabling legislation.

Odhiambo has faced backlash from lawyers who accuse her of betraying the cause of justice by joining the government-appointed team. She responded that she would resign if the panel’s work conflicted with her principles.

Amnesty International Kenya defended Houghton’s role, saying he serves in an advisory capacity while continuing his duties.

Critics also noted the panel focuses on compensation without holding perpetrators accountable, particularly security forces accused of excessive force.

 Observers further linked its creation to demands by opposition leader Raila Odinga, raising questions about political motivations.

Magare ordered respondents to file responses within seven days and directed both sides to submit arguments by September 30.

The case will be mentioned on October 6 in Kerugoya.