President William RutoA new legal battle has landed in the High Court after lawyer Lempaa Suyianka filed a petition challenging the framework established by President William Ruto to compensate victims of demonstrations and public protests.
The legal move comes at a time when the government has already gazetted a 120-day panel of experts chaired by Professor Makau Mutua and deputised by Law Society of Kenya President Faith Odhiambo to oversee the compensation programme.
The lawyer alleges that the framework formed acted outside the Constitution by creating a compensation structure through a presidential proclamation instead of following proper legal channels.
According to court documents, the Head of State announced the creation of a “coordinating framework for compensation of victims of protests and riots” and placed it under the Executive Office of the President, with instructions to collaborate with the Attorney General, the Ministry of Interior, the National Treasury, and other state agencies."
The proclamation further designated Makau Mutua, a senior advisor on constitutional affairs and human rights, as the principal coordinator of the program, whose tenure was to run for 120 days.
Lempaa argues that the decision violates key constitutional principles, including separation of powers, public finance management, public participation, and the rule of law.
He states "that the framework for compensation is a legal instrument that only parliament can create or expressly delegate within the parent legislation."
The petition further points to the Victim Protection Act, which provides that compensation is court-mediated and only to be enforced through judicial processes or the Victim Protection Board established under law.
"Section 31 (1) of the Victims Compensation Act of 2014 states that there is established a board to be known as Victim Protection Board as a body unincorporated," part of the petition reads.
By placing Mutua at the centre of the programme, the petitioner alleges, the move is ultra vires because the law requires the Cabinet Secretary to appoint the members of the Victim Protection Board, not the President.
The petition also raises the lack of public participation as one of the grounds challenging the framework.
The petitioner is therefore seeking a declaration that the proclamation is unconstitutional, null and void, as well as conservatory orders restraining the respondents from implementing the framework until the case is heard and determined.
Lempaa also seeks orders of certiorari to quash both the establishment of the framework and the appointment of Professor Mutua, alongside a prohibition barring the allocation or disbursement of public funds for the initiative.
The lawyer insists that the power to create frameworks of compensation lies squarely with Parliament, and any contrary move undermines constitutional supremacy.
Justice Lawrence Mugambi has since directed that the petition be served on all the respondents within seven days and that they file their replies to both the application and the main petition within 14 days of service.
The case will be mentioned on October 22, 2025, to confirm compliance before further directions are issued.
