The government has moved to comply with a High Court ruling that affirmed the rights of victims of protests and riots to receive compensation.
In a statement on Friday, January 9, Chairperson of the Panel of Experts on Compensation of Victims of Protest and Riots, Prof. Makau Mutua, said President William Ruto has taken decisive steps to implement the court’s judgment.
"President William Samoei Ruto, in accordance with the High Court Judgement delivered in Kerugoya on December 4, 2025, in Constitutional Petitions Nos. E10, E11, and E14 of 2025, which affirmed the President's unique constitutional role in protecting human rights and facilitating reparations, has implemented the decision through Special Gazette Notice No. 259 dated January 5, 2025. This action demonstrates the President's strong commitment to the rule of law, constitutionalism, and respecting the authority and mandate of the Judiciary," he said.
Mutua noted that administrative measures are already underway to operationalize the judgment, ensuring that compensation is handled properly.
"And in keeping with the Court's directions, the necessary Administrative and Procedural steps are being undertaken to operationalize the Judgement. These measures are intended to ensure that the compensation process for protest victims is conducted in a transparent, fair, and accountable manner, and is fully guided by established legal and institutional frameworks," he added.
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Mutua further clarified that while the government is taking steps to comply, it has also filed an appeal to clarify broader legal questions arising from the ruling.
"Concurrently, and strictly in keeping with established judicial principles and practice that allow for appellate review, and in recognition of the significant public interest involved, an Appeal has been filed to seek clarity on the larger legal issues arising from the judgment," he explained.
At the same time, Mutua reassured the public that the appeal will not interfere with the ongoing compliance process.
"The filing of the appeal does not suspend, delay, or negate compliance with the existing Court order. Rather, it is intended to enable the Judiciary to further pronounce itself on the principles involved, in the interest of clarity and the orderly development of jurisprudence," the statement concluded.
A high court in Kirinyaga temporarily blocked the implementation of the government's framework for compensating victims of demonstrations and public protests.
According to a court document dated Monday, September 8, 2025, Justice Magare Dennis Kizito issued conservatory orders following an application by Levi Munteri challenging 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," the document read.
Additionally, the court ordered the suspension of further implementation of Gazette Notice 12002 of August 23, 2025, which had appointed the panel to establish a framework for reparations and compensation.
Justice Noyono 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 document stated.
