- High Court rules President Ruto acted outside constitutional powers by creating a 17-member compensation advisory panel.
- Judges say only KNCHR can identify victims, assess harm and guide compensation for protest-related brutality.
- A petition was filed by lawyer Levy Munyiri challenging the August 25 Gazette Notice.
The High Court has struck down President William Ruto’s plan to use a special advisory team to guide compensation for victims of police brutality and protest-related violence.
In its ruling, the bench said the President has no constitutional power to create a parallel body to identify victims, assess harm, or recommend payments. The judges noted that these functions already belong to the Kenya National Commission on Human Rights (KNCHR) under the Constitution and human-rights laws.
The petition was filed by lawyer Levy Munyiri, who asked the court to cancel a Gazette Notice issued on August 25. The notice created a 17-member advisory team chaired by Prof Makau Mutua.
The group had been assigned to handle compensation for victims of police shootings, injuries and abuses recorded during last year’s and this year’s youth-led demonstrations, where more than 120 people were reported dead.
The original vice-chair, Faith Odhiambo of LSK, stepped down earlier and was replaced by KNCHR Chair Claris Awuor Ogangah-Onyango.
Government lawyers argued that the panel was simply an administrative shortcut meant to speed up compensation.
The court disagreed.
“Good intentions cannot cure a constitutional defect,” the judges said.
According to the ruling, creating another structure weakens KNCHR’s independence and distorts the system already set out for handling victims’ rights and reparations.
The judges ruled that the presidential proclamations establishing the advisory committee were unconstitutional.
They stressed that KNCHR is the only legally recognised institution that can: identify victims of police violence, assess the level of harm, and recommend payments or other reparations
The court directed that the committee’s entire report be forwarded immediately to KNCHR.
The commission must: examine the findings, correct any unconstitutional parts, and finish all necessary actions within 30 days
The judges warned that ignoring these directions will lead to the automatic invalidation of the President’s proclamations. However, they clarified that cancellation will not happen instantly at the end of 30 days, only if non-compliance continues.
The decision is expected to influence: how the State compensates victims of police brutality, future transitional justice efforts and the limits placed on executive power in human-rights matters
The ruling has also revived debate on whether State agencies respect constitutional boundaries when dealing with sensitive justice processes.
