
The legal battle is in the offing as the panel of experts for the compensation of protest victims move to court to have the conservatory order withdrawn to enable it to be operationalised.
It is a relief for President William Ruto and his troops, who have been jolted over the genuineness and nobility of the exercise, which critics view as an intentional decision by the government to clean the injustice caused by police following heinous orders from security and executive top brass.
However, a section of the critics support the move to have the victims and families of the recent anti-government protests compensated, even as others push to compel the Head of State to use his money and not the government’s coffers.
On 8 September 2025, the High Court in Kerugoya issued conservatory orders stopping the Panel’s activities, pending the hearing of a petition challenging its mandate.
In response, on Thursday, 11 September 2025,the panel filed an urgent application to have the orders lifted, arguing that the suspension undermines its ability to deliver justice to citizens who suffered losses and injuries during years of protests.
In a statement, the compensation panel confirmed that it had fully complied with the court directive by halting its work but stressed its determination to pursue legal redress.
President William Ruto during a past event.Image/@WilliamsRuto/X
“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,” the statement read.
Compensation panel legal snag
The 16-member panel was appointed in August 2025 by Ruto following rising concerns about accountability and human rights violations during political unrest since 2017.
The body comprises legal scholars, human rights defenders, and governance experts tasked with verifying claims and overseeing a compensation framework.
At its unveiling, the government described the panel as a bold step toward justice, national healing, and the rule of law.
However, critics quickly questioned its legality, citing concerns over the separation of powers and the adequacy of existing mechanisms, such as the courts and the Kenya National Commission on Human Rights (KNCHR).
The legal challenge in Kerugoya is expected to test not only the constitutionality of the panel but also the government’s broader approach to handling protests and state accountability. Analysts note that the outcome could set a precedent for how Kenya compensates victims of state actions in the future.
Constitutional lawyer Miriam Wekesa says the case could reshape public interest litigation.
“If the court upholds the Panel, it will expand the government’s scope in addressing human rights claims. But if struck down, it may reinforce the judiciary’s exclusive role in adjudicating such matters,” she told Kurunzi News.
Reactions from civil society groups have been mixed. While some welcome the initiative as a long-overdue gesture of empathy, others worry it may be used as a political tool ahead of the 2027 elections.
Meanwhile, families of victims have expressed frustration at the latest suspension.
“We were hopeful this panel would finally bring closure. Now we are back to waiting,” said James Mwangi, whose brother was killed during the 2017 post-election protests.
The High Court is expected to give directions on the application in the coming weeks. Until then, the panel remains in limbo, its fate tied to a legal process that has drawn both national and international attention.
As Kenya continues to grapple with the balance between public order and the right to protest, the case underscores the tension between justice, accountability, and politics in a country where demonstrations have often left deep scars.
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