NAKURU, Kenya – A Nakuru-based surgeon has moved to court to challenge President William Ruto’s establishment of a Presidential Panel of Experts tasked with overseeing compensation for victims of demonstrations and public protests.
In his petition filed at the High Court, Dr. Magare-Gikenyi argues that the President acted outside the Constitution by unilaterally creating the panel, insisting that such powers are not granted to the Head of State.
Citing Article 132(4) of the Constitution, the petitioner notes that the President can only establish an office in the public service on the recommendation of the Public Service Commission.
“The purported powers are an imaginary mirage which do not exist in our progressive Constitution,” the petition reads.
Dr. Magare further says the compensation mandate already lies with existing state bodies, including the Judiciary, the Kenya National Commission on Human Rights (KNCHR), the Independent Policing Oversight Authority (IPOA), the Victims Protection Agency, and the Office of the Director of Public Prosecutions (ODPP).
He questions the logic of the Executive — which he claims is accused of rights violations during protests — purporting to compensate the same victims.
“This is a duplication of duties, political in nature, and amounts to misuse of scarce public resources,” he argues.
The surgeon also faults the panel’s formation process, citing lack of transparency in its composition, remuneration, and terms of reference.
He maintains that no competitive or merit-based process was followed.
According to the petition, the President’s action violates several constitutional provisions — including Articles 1, 2, 10, 73, 75, 129, 201, and 232 — which safeguard accountability, transparency, and the rule of law.
“The action of the President will lead to loss of public confidence, wastage of resources, and abuse of political power,” Dr. Magare states.
He is seeking court orders to declare the panel unconstitutional, stop the expenditure of public funds on it, and protect the roles of independent institutions already mandated to address human rights violations.
