High Court rules Ruto has no power to constitute victims’ compensation panel

The High Court has ruled that President William Ruto has no constitutional authority to constitute a body to advise on the compensation of victims, holding that the mandate squarely falls within the Kenya National Commission on Human Rights (KNCHR).

In its decision, the court directed that the report in question be submitted to the KNCHR, which shall undertake the necessary Executive actions and allow for any required amendments to bring the process into conformity with the Constitution.

The court further ordered that the necessary amendments must be effected within 30 days. Failure to do so, the court warned, would result in the impugned proclamations being invalidated.

However, the judge clarified that it is not automatic that the decision or proclamation will be quashed after the lapse of the 30 days, but emphasized that continued non-compliance with the Constitution would render the President’s proclamations invalid.

The court held that issues relating to compensation of victims are a constitutional mandate of the KNCHR as a principal organ, and not the Executive.

As a result, the court declared that the proclamations issued by the President in relation to the matter are unconstitutional and therefore invalid.

The case had been filed by lawyer Levy Munyiri who challenged the decision by the President to form the committee.

The panel, established through an August 25 Kenya Gazette notice, was tasked with overseeing the compensation for victims of police brutality and violence during youth-led anti-government protests this year and last year, in which over 120 people were killed and hundreds more injured.

Chaired by Ruto’s senior advisor on constitutional affairs and human rights, Prof. Makau Mutua, the panel comprised Law Society of Kenya (LSK) President Faith Odhiambo as Vice-Chair, 12 members, 2 technical leads and two joint secretaries. 

Ms. Odhiambo has however since stepped down from the role, and been replaced with KNCHR Chairperson Claris Awuor Ogangah-Onyango.