The High Court has ruled that President William Ruto lacks constitutional authority to establish a body tasked with advising on victim compensation, confirming that the responsibility rests solely with the Kenya National Commission on Human Rights (KNCHR).
In its judgment, the court directed that the contested report be submitted to the KNCHR, which is mandated to take the necessary executive actions and implement any amendments required to align the process with the Constitution. The court stipulated that these adjustments must be completed within 30 days, warning that failure to comply could render the President’s proclamations invalid. The judge clarified, however, that invalidation is not automatic but emphasized that persistent non-compliance with constitutional requirements would nullify the President’s actions.
The court underscored that matters concerning compensation of victims fall under the constitutional mandate of the KNCHR as a principal organ, not the Executive. Consequently, the proclamations issued by the President regarding the committee were declared unconstitutional and invalid.
The case was brought forward by lawyer Levy Munyiri, who challenged the formation of the committee. The panel had been established via an August 25 Kenya Gazette notice to oversee compensation for victims of police brutality and violence during youth-led anti-government protests over the past two years, which resulted in over 120 deaths and numerous injuries.
Originally chaired by President Ruto’s senior advisor on constitutional affairs and human rights, Prof. Makau Mutua, the panel included Law Society of Kenya (LSK) President Faith Odhiambo as Vice-Chair, along with 12 members, two technical leads, and two joint secretaries. Following Odhiambo’s resignation, KNCHR Chairperson Claris Awuor Ogangah-Onyango has assumed the role.
