The panel set up by President William Ruto to guide compensation for victims of protests and riots has announced plans to go to court to appeal a recent High Court ruling that limited its mandate.
The Panel of Experts on Compensation of Victims of Protests and Riots, chaired by Prof. Makau Mutua, was appointed by the President in 2025 to oversee compensation for people affected by protests. However, on December 9, 2025, the Kerugoya High Court ruled that the President does not have constitutional authority to form such a body. The court said that the responsibility for handling compensation issues lies with the Kenya National Commission on Human Rights (KNCHR).
Following the ruling, the panel’s work was suspended. A new Gazette Notice dated January 5, 2026, issued by Head of Public Service Felix Koskei, revised the panel’s role. The notice changed the panel into an advisory body with a six-month mandate. Its new task is to advise the President on how compensation for protest victims can be carried out lawfully and constitutionally, based on a report prepared by KNCHR.
In a statement issued on Friday, Prof. Mutua said the panel will file an appeal in court to seek clarity on the wider legal issues raised by the judgment. He emphasized that the appeal does not stop or delay compliance with the existing court order.
“The appeal is meant to allow the Judiciary to further explain the principles involved, for the sake of clarity and the proper development of the law,” Prof. Mutua said.
The move highlights ongoing legal and constitutional questions around how victims of public protests and riots should be compensated, and which institutions have the authority to lead the process.
