Court denies request to halt Ruto's demonstrators' compensation panel proceedings

In a decision that has stirred controversy, the High Court in Nairobi has declined to halt the operation of a panel appointed by President William Ruto to review compensation for victims of protests. The panel, which will operate from the Kenyatta International Convention Centre and be funded by the Exchequer, has faced criticism from various quarters over its establishment and composition.

At the heart of the controversy are Nakuru-based surgeon Gikenyi Magare and United Kingdom-based Kenyan Eliud Matindi, who argue that the President overstepped his mandate in creating the panel. They contend that the purported functions of the panel are already allocated to bodies established under the Constitution, such as the Kenya National Commission on Human Rights (KNCHR), the Office of the Director of Public Prosecutions (ODPP), the Independent Policing Oversight Authority (IPOA), and the National Cohesion and Integration Commission (NCIC).

Moreover, Lempaa, who has been ordered by Justice Lawrence Mugambi to serve court papers on the President, the Attorney General, the Interior Cabinet Secretary, the Treasury Cabinet Secretary, and Prof. Makau Mutua, argues that the appointment and compensation framework were created outside the Victims Protection Act 2014, making them illegal. Lempaa's case will be mentioned on October 22.

The critics also point out that there was no public participation in the intention to establish a coordinating framework for the compensation of victims of protests and riots. Furthermore, there is no clarity on how much each panel member will earn and where the money will come from, and other than the President, nobody knows the allowances and remuneration of the panel members.

The panel, headed by Prof. Makau Mutua, includes the Law Society of Kenya (LSK) President, Faith Odhiambo, as the vice chair, Amnesty International-Kenya Executive Director, Irungu Houghton, and others. The panel will be supported by a technical team led by Richard Barno and Dr Duncan Ndeda, with Jerusah Mwathime Michael and Dr Raphael Ng'etich serving as joint secretaries. However, the search results do not provide information about the composition of the technical team appointed by President William Ruto.

Dr Duncan Ojwang, who declined the President's nomination to the position of chairperson of the Kenya National Commission on Human Rights, has also been appointed to the panel. The critics allege that the selection of panel members was not done using merit and competition, contrary to the Constitution.

The issues the panel is supposed to address can be sorted by the bodies mentioned above, according to the critics. They argue that public funds will be lost if the panel is allowed to proceed with its work, as the scope of the panel's work is not clearly defined, and there was no public participation on the establishment of a framework for compensation.

Despite these criticisms, the High Court has decided to let the panel proceed with its work. The panel's decision to move forward has sparked heated debates, with many questioning the President's motives and the legality of the panel's establishment. As the story unfolds, it remains to be seen how the panel will address these concerns and carry out its mandate.

Court denies request to halt Ruto's demonstrators' compensation panel proceedings