Ruto picks LSK, Amnesty International chiefs to panel to oversee compensation of protest victims

President William Ruto has formed a 15-member panel of experts to oversee compensation of victims of demonstrations and public protests who were killed or maimed by security officers since 2017.

Ruto named Law Society of Kenya chairperson Faith Odhiambo as vie chairperson of the panel, which is headed by his Constitutional Affairs and Human Rights  Senior Advisor Prof Makau Mutua.

Its members include Solicitor General Kennedy Ogeto, Amnesty International Kenya Director Irũngũ Houghton,  Head of Data Science and Analytics at Strathmore University’s Business School Dr John Olukuru, Rev (Fr) Kennedy Barasa Simiyu, Founding Dean and now Senior Lecturer at the Kenyatta University School of Law Dr Linda Musumba, lawyer Dr Duncan Ojwang, lawyer and AI enthusiast Naini Lankas, Family Group Foundation chairman Francis Muraya, Juliet Chepkemei, Pius Metto, Fatuma Kinsi Abbas, and Raphael Anampiu.

According to a Kenya Gazette notice signed by Chief of Staff and Health of Public Service Felix Koskei, notice Richard Barno will serve as Technical Lead while Dr Duncan A. Okelo Ndeda will be Co-Technical Lead.

Jerusah Mwaathime Michael and Dr Raphael Ng’etich will be joint secretaries.

The panel’s terms of reference include designing and establishing an operational framework to verify, categorise and compensate eligible victims; and engaging with relevant stakeholders including families of victims, State institutions mandated to mandated to address human rights issues civil society organisations, and religious organisations to ensure inclusivity and fairness in the compensation process.

Others include authenticating data on eligible victims from authoritative sources including the Independent Policing Oversight Authority (IPOA), Kenya National Commission on Human Rights (KNCHR), the National Police Service, the ministry of Health and civil society.

The team has also been mandated to propose legislative and institutional reforms  protests and culture of policing and prepare and submit to the President periodic progress reforms and a final report to him.

Ruto said that in the discharge of its duties, the panel shall have access to information and records from any State organ or public office subject to the law; require the attendance of any person or institution to provide information or documents; constitute working groups; co-opt experts, consultants or technical resource persons, regulate its own procedure including quorum and decision-making; and perform any function ancillary to it mandate.

The panel, which will be based on the ground floor of the Kenyatta International Convention Centre (KICC), shall serve for a period of 120 days or such any time as may be stipulated in the Kenya Gazette.

While welcoming Houghton’s appointment to the panel, Amnesty International urged it to deliver a comprehensive reparations package, which must include substantial financial compensation, truth-telling, memorials, legal reforms, rehabilitation and guarantees of non-repetition.

“Transparency and careful verification must guide the process, and the dignity and privacy of victims and their families must be protected.”

It noted that for several years, they have documented and demanded justice for victims of violent suppression of protests by law enforcement officials, which the lobby said included, but is not restricted to, the 2017 and 2023 post-election violence, COVID-19, the Masimba killings and the recent Gen Z protests, among others.

“Police abuses, often publicly encouraged and sanctioned by both the Police leadership and the Executive, have left deep scars. Only decisive action by the current administration will restore trust. Under international human rights law, compensation is a legal obligation. Still, it must be accompanied by other reparative measures, including taking steps to ensure protests are policed in full compliance with human rights law and standards,” it said in a statement.

They human rights group, however, said compensation must not replace criminal accountability, adding that citizens’ taxes should not shield criminals.

“Investigations must still be undertaken, and those suspected of having committed violations amounting to crimes must be prosecuted in fair trials. We continue to demand that the Office of the Director of Public Prosecutions urgently, effectively and fairly prosecute those responsible,” the statement said.

It hastened to add that Houghton joins the Panel in an advisory role in his personal capacity.

“His appointment will not limit his responsibility to lead Amnesty’s advocacy, litigation, and pursuit of command responsibility for the abuses that have occurred. He will remain bound by the paramount interests of the victims’ families and their demand for judicial redress.”