The High Court in Kerugoya has allowed Law Society of Kenya (LSK) president Faith Odhiambo to withdraw as a party from two consolidated petitions challenging the establishment of a compensation panel for protest victims.
Justice Edward Muriithi on Monday granted the orders sought by Odhiambo, who had moved the court seeking to be struck out of the proceedings following her resignation from the panel appointed by President William Ruto.
The panel was tasked with receiving and processing claims for victims affected during the nationwide demonstrations that followed the Finance Act protests.
Odhiambo had been appointed as the Vice Chairperson of the Panel.
She, however, resigned, taking cognisance of the crucial point at which Kenya finds itself in the quest for full constitutional implementation and lasting reform to our democratic context.
“Unfortunately, it is not feasible to achieve the time-sensitive milestones I undertook to achieve, and I must therefore prioritise other avenues of responding to the plight of victims through the other positions I hold, especially the leadership of the LSK,” she said.
The application to remove her name was opposed by two petitioners in the consolidated suits, including Gema Waitho and Eunice Ngaganga.
The two argued that Odhiambo should remain a party due to her role at the time the panel began its work and her position as the head of the LSK.
One petitioner submitted that Odhiambo could potentially face contempt claims arising from the alleged commencement of the panel’s work despite conservatory orders halting its operations.
Another petitioner argued that Odhiambo, in her capacity as LSK president, bore responsibility for issues touching on professional integrity, conflict of interest, and leadership standards within the legal fraternity, and therefore could not be separated from the office she holds.
However, in his ruling, Justice Muriithi said the court was satisfied that Odhiambo’s resignation on October 6, 2025, relieved her from liability for any actions taken by the panel thereafter.
The judge held that there was no legal or factual basis to keep her in the case now that she no longer participates in the disputed committee.
“She would not be liable for acts of the panel taking place after her resignation,” the judge said.
“Unless it is a matter of personal vendetta, which this court cannot countenance, the alleged contempt is to be pursued against members of the panel who remain after her resignation.”
Justice Muriithi further noted that retaining Odhiambo in the petitions would expose her to unnecessary personal costs in a matter she is no longer interested in.
The court also held that the suggested claims of conflict of interest had fallen away because the basis for the alleged conflict was her appointment to the same panel she had since left.
“Following her resignation, the applicant no longer accepts the appointment to the panel, and there is no possibility of the suggested conflict of interest,” he ruled.
The judge therefore allowed the application as prayed, granting orders to strike Odhiambo out of all petitions.
He directed that there would be no order as to costs at this stage, noting that any cost implications would be considered at the conclusion of the main petitions.
The remaining parties are expected to proceed with the full
hearing of the challenge to the legality of President Ruto’s compensation panel.
