Prof. Makau Mutua has hit out at lawyer Levi Munyeri who moved to court to stop the functioning of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests.
In a statement on Monday, September 8, Mutua accused Munyeri of abusing judicial process through forum shopping, noting that courts should take a firm stance against such actions.
"Forum shopping is an abuse of process and courts must never entertain it. In the contrary, they should sanction the offending lawyer without pity," he said.
Mutua's remarks come in the wake of a conservatory order that temporarily halted the committee’s operations following the lawyer’s petition.
"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," Justice Magare Dennis Kizito sitting at the High Court in Kirinyaga ruled.
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Additionally, Kizito ordered the suspension of further implementation of Gazette Notice 12002 of August 23, 2025, which appointed the panel to establish a framework for reparations and compensation.
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 of the Republic of Kenya dated August 6, 2025, establishing a 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 ruling added.
Kizito directed the applicant to file submissions within three days of the respondents' service, with any case set no later than September 24, 2025.
Respondents and interested parties were directed to file their submissions within three days of service but no later than September 30, 2025.
According to the court, all directions must be completed before the court reconvenes in Kerugoya on October 10, 2025.
"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 ruling concluded.
Also known as the Framework for the Reparation and Compensation of Victims of Demonstrations, Public Protests, and Riots, the committee comprises 19 members including Professor Makau Mutua who chairs it.
Law Society of Kenya (LSK) President Faith Odhiambo is the Vice Chairperson while Richard Barno serves as Technical Lead.
Duncan Okelo Ndeda is the Co-Technical Lead, while Jerusah Mwaathime and Raphael Ng'etich function as Joint Secretaries.
Members include Kennedy Ogeto, Irungu Houghton, John Olukuru, Reverend Kennedy Barasa Simiyu, Linda Musumba, and Duncan Ojwang.
Others are Naini Lankas, Francis Muraya, Juliet Chepkemei, Pius Metto, Fatuma Kinsi Abass, and Raphael Anampiu.
