KERUGOYA, Kenya — The High Court has struck a major blow to President William Ruto’s bid to operationalise a compensation framework for victims of political violence, ruling that the Head of State acted outside constitutional bounds by forming a parallel advisory panel.
Justice Edward Muriithi, sitting in Kerugoya, on Thursday extended earlier conservatory orders and held that the President had no legal basis to establish a taskforce whose mandate constitutionally falls within the Kenya National Commission on Human Rights (KNCHR).
“The presidential directive requires alignment with the constitutional remit of the KNCHR,” the court determined, giving the Executive 30 days to amend the proclamation or risk having it quashed entirely.
The decision means that if the State still intends to compensate victims of recent protests, the process must be channelled through the KNCHR — the independent body constitutionally mandated to investigate human rights violations and recommend redress.
Justice Muriithi also directed that the contested report prepared under the presidential task force be submitted to the KNCHR, which will then take the lead in undertaking the necessary Executive actions, including any amendments required to bring the process into conformity with the Constitution.
The ruling stems from a petition filed by lawyers and human rights activists who argued that President Ruto’s move to appoint an expert panel amounted to an unconstitutional usurpation of KNCHR’s authority.
Petitioners cited Articles 59 and 132 of the Constitution, which outline the independence and advisory role of commissions, warning that the presidential task force risked creating duplicative structures and undermining human rights oversight.
The disputed appointments were gazetted on August 25, with the President naming his advisor on Constitutional Affairs and Human Rights, Makau Mutua, as chair. The panel was intended to implement the August 8 presidential proclamation establishing a framework for compensating victims of political unrest.
The team’s co-chair was initially Law Society of Kenya (LSK) President Faith Odhiambo, whose inclusion triggered public controversy. Odhiambo later resigned, citing reputational concerns.
She was subsequently replaced by KNCHR Chairperson Claris Awuor Ogangah-Onyango.
Human rights organisations have welcomed the ruling, saying it safeguards constitutional checks on Executive power and restores the integrity of Kenya’s redress mechanisms.
The judgment now places responsibility squarely on the KNCHR to guide the compensation process, with the court emphasising that any future actions must reflect constitutional architecture, institutional independence, and the rights of victims seeking justice.
