The High Court in Kerugoya has dealt a serious blow to President William Ruto’s push to compensate protest victims outside legal norms. A court order issued this month paused the work of the panel he set up — and demanded any compensation process be routed via the official human-rights body.

On 8 September, Justice Dennis Magare of the High Court issued conservatory orders halting implementation of the panel created under Gazette Notice No. 12002. The court declared the panel’s formation suspect and barred any compensation framework from being enforced until legal challenges are resolved. 

The panel had been established in August with a 120-day mandate. It was chaired by constitutional lawyer Makau Mutua, and initially co-chaired by the head of the Law Society of Kenya (LSK), Faith Odhiambo. The goal was to identify and compensate victims of demonstrations and public protests dating back to 2017.

However, by early October, Odhiambo resigned, arguing that the court suspension made the 120-day timeframe meaningless and could compromise the LSK’s independence. 

In early November, the presidency replaced her with Claris Awuor Ogangah-Onyango — chair of the Kenya National Commission on Human Rights (KNCHR). But the court order remains in force, effectively freezing efforts to compensate victims under the panel’s terms. 

Critics of the panel had argued that the government bypassed existing institutions mandated to protect human rights, notably KNCHR. The Court’s decision aligns with that concern: it underscored that any compensation mechanism must respect constitutional and statutory channels. 

Supporters of the government’s scheme had defended the panel as a swift route to address victims’ grievances — but the legal block shows that speed cannot come at the expense of legal safeguards. The move fuels debate over how to balance the urgent need for reparations with the imperative of institutional legitimacy and constitutional order.

As things stand, the fate of the panel and the compensation scheme remains uncertain. Unless the government moves the process through KNCHR or wins its legal challenge, victims may have to wait much longer for justice.