Court impedes execution of Ruto's compensation plan for protest casualties

In a significant development, the High Court in Kerugoya has issued conservatory orders, halting the implementation of President William Ruto's plan to compensate victims of demonstrations and public protests.

The gazette notice dated August 25 appointed an 18-member panel of experts to oversee the payouts, but this has been halted by the court. The case will be mentioned on October 6 in Kerugoya.

The team tasked with facilitating compensation was formally sworn in on September 4, and it is chaired by President Ruto's senior adviser on constitutional affairs and human rights, Professor Makau Mutua. The panel includes Amnesty International Kenya Executive Director Irungu Houghton, serving in an advisory capacity while continuing his duties. Other members include LSK President Faith Odhiambo, serving as vice chair, former Solicitor General Kennedy Ogeto, academics Linda Musumba, and Duncan Ojwang.

The appointments of the panel sparked sharp criticism from legal experts and civil society leaders. Observers have linked the creation of the panel to demands by opposition leader Raila Odinga, raising questions about political motivations.

Critics argue the panel lacks a constitutional basis and duplicates the role of the Kenya National Commission on Human Rights. Some also warned the panel could not enforce payouts without enabling legislation.

Odhiambo has faced backlash from lawyers who accuse her of betraying the cause of justice by joining the government-appointed team. She responded that she would resign if the panel's work conflicted with her principles.

The court also suspended President Ruto's August 6 proclamation establishing the reparations framework. The High Court ordered Justice Dennis Magare on September 8 to submit answers within seven days and submit arguments from both sides by September 30 regarding President William Ruto's plan for a compensation fund for victims of demonstrations and public protests.

Amnesty International Kenya defended Houghton's role in the panel, stating that he serves in an advisory capacity. The application for these orders was certified as urgent and heard during the vacation.

As the situation unfolds, it remains to be seen how the court's decision will impact the compensation plan for victims of demonstrations and public protests in Kenya.