The High Court in Nairobi is expected to issue directions today in a case challenging President William Ruto’s decision to create a panel of experts on compensation of victims of demonstrations and public protests.
The application, filed under a certificate of urgency by four petitioners, namely, Magare Gikenyi, Karanja Matindi, Philemon Abuga Nyakundi, and Dishon Keroti Mogire, questions the constitutionality and legality of the presidential panel unveiled last month.
President Ruto appointed Professor Makau Mutua as chairperson and Faith Odhiambo as vice-chair of the committee, which was sworn in on September 4.
According to the State House, the team is tasked with proposing legislative reforms to address gaps in the handling of protests and to recommend a framework for compensating victims of public demonstrations.
Professor Mutua, a presidential adviser on constitutional affairs, had said the panel would help develop a coherent policy on reparations.
The petitioners, however, contend that the President has no authority under Article 132(4) of the Constitution to establish such a body.
They argue that creating a compensation or reparation panel is outside the functions of the executive and that such matters fall within the mandate of the courts and other independent institutions.
In their application, they are seeking conservatory orders suspending the Presidential Panel of Experts on Compensation of Victims of Demonstration and Public Protests established through the presidential proclamation of August 6, 2025, and Gazette Notice No.12002 of August 25, 2025.
They also want the panel barred from compiling or handing over any report, recommendations, or actions pending the outcome of the case.
Notably, a parallel suit filed at the High Court in Kerugoya by lawyer Levi Munyeri has already led to temporary conservatory orders halting the operations of the panel.
Justice Kizito Magre certified the application as urgent and directed that it be heard inter partes.
The panel has since moved to court seeking to set aside those orders.
Justice Chacha Mwita will this morning oversee the matter and set further directions.
