President William Ruto’s plan to compensate victims of past protests has hit a legal snag after four activists filed a petition challenging the formation of his 18-member panel.
The group, led by Dr. Magare Gikenyi, accused the Head of State of violating the Constitution by allegedly making unlawful appointments.
In their application dated Wednesday, August 27, the petitioners argued that the President acted beyond his constitutional mandate.
“A look at the functions of the president as provided at Article 132(4) shows he does not have powers to establish any compensation, reparation and cohesion panel whatsoever,” the petition stated.
The activists described Ruto’s appointments as based on “imaginary mirage powers” that, they said, are not recognized in Kenya’s Constitution.
They further claimed that the empanelment duplicated existing institutions such as the courts, which already have the mandate to handle compensation, terming the move wasteful and contrary to Article 201 on prudent use of public resources.
“Other than the president, nobody knows the allowances and remuneration of the team members, contrary to principles of transparency, accountability and good governance,” they added.
The petitioners also questioned the panel’s undefined term limits despite being funded by taxpayers, warning it undermines transparency.
The legal challenge comes just three days after President Ruto appointed the 18-member team, chaired by his Constitutional Affairs and Human Rights advisor Makau Mutua and co-chaired by Law Society of Kenya President Faith Odhiambo.
The panel was formed following Ruto’s August 8 proclamation outlining a framework for compensating victims of protests dating back to 2017.
