Court halt’s state protest victim’s compensation panel, bar its commencement
A High Court in Kirinyaga has blocked the recently formed committee framework for compensating victims of demonstrations and public protests from taking off its mandate.
In his orders, Justice Magare Dennis Kizito issued a conservatory after Levi Munteri challenged the State Law Office, Cabinet Secretary of the Interior, and the Coordination of the National Government, among other agencies.
“The court has issued a conservatory order staying the commencement of the mandate of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, pending the hearing of the main application,” he ruled.
Magare ordered the suspension of further implementation of the Gazette Notice, which appointed the panel to establish a framework for reparations and compensation.
This is even as the court further directed that a conservatory order be issued restraining respondents, their servants, agents, or assigns from implementing, enforcing, or in any manner acting upon the proclamation by the President which oversaw the establishment of the framework for compensation of victims of demonstrations and public protests, pending the hearing of the application.
“The court has mandated that the application and interested parties be served forthwith, with respondents required to file their responses within seven days of service,” the court directed.
The applicant has been directed to file submissions within three days of the respondents’ service, with any case set no later than the 24th of this month.
The respondents and interested parties must file their submissions within three days of service, but no later than the 30th.
All directions must be completed before the court reconvenes in Kerugoya on the 10th of next month.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same.”
The legal challenge comes weeks after the government established a comprehensive framework to address victims of recent demonstrations and public protests.
Law Society of Kenya President Faith Odhiambo was appointed as Vice-Chairperson of the Framework for the Reparation and Compensation of Victims of Demonstrations, Public Protests, and Riots, deputizing Professor Makau Mutua, who chairs the committee.
The panel also includes prominent figures such as Kennedy Ogeto, Irungu Houghton, John Olukuru, Reverend Kennedy Barasa Simiyu, Linda Musumba, and Duncan Ojwang. Additional members comprise Naini Lankas, Francis Muraya, Juliet Chepkemei, Pius Metto, Fatuma Kinsi Abass, and Raphael Anampiu.
Richard Barno serves as Technical Lead, with Duncan Okelo Ndeda as Co-Technical Lead, while Jerusah Mwaathime and Raphael Ng’etich function as Joint Secretaries.
The committee was tasked with developing and implementing an operational framework to verify, categorize, and compensate eligible victims of protests, demonstrations, and riots.
It was expected to engage victims’ families, state agencies addressing human rights concerns, civil society groups, and religious institutions to ensure fairness and inclusivity in the compensation process.
