Court petition seeks to stop Ruto’s protest victims compensation plan
The contested framework was gazetted with a 120-day lifespan and placed under the Executive Office of the President.
A petition has been filed in the High Court challenging President William Ruto’s framework for compensating victims of demonstrations, setting the stage for a fresh legal battle over the programme.
Lawyer Lempaa Suyianka, who moved to court, argues that the President acted outside the Constitution by establishing the compensation scheme through a proclamation rather than proper legal procedures.
He says the plan undermines the principles of separation of powers, public finance management, public participation, and the rule of law.
The contested framework was gazetted with a 120-day lifespan and placed under the Executive Office of the President.
It appointed Professor Makau Mutua, a senior advisor on constitutional affairs and human rights, as the principal coordinator, assisted by Law Society of Kenya President Faith Odhiambo, and directed collaboration with the Attorney General, the Ministry of Interior, the National Treasury, and other state agencies.
According to the petition, the proclamation is unconstitutional because only Parliament has the authority to create such a legal instrument or delegate the same through legislation.
Lempaa points to the Victim Protection Act, which provides that compensation to victims can only be court-mediated and enforced either through judicial processes or by 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," the petition notes.
The lawyer further argues that by assigning Makau Mutua to lead the programme, the President overstepped the law since the Victim Protection Board can only be constituted by the Cabinet Secretary.
He also lists lack of public participation as a ground for invalidating the framework.
Through the petition, Lempaa is seeking a declaration that the proclamation is unconstitutional, null and void. He has also asked the court to issue conservatory orders barring implementation of the scheme until the case is concluded.
In addition, he is seeking orders of certiorari to quash the establishment of the framework and the appointment of Professor Mutua, alongside a prohibition against the use of public funds on the programme.
He insists that the power to create compensation frameworks belongs strictly to Parliament and that any deviation from this undermines constitutional supremacy.
Justice Lawrence Mugambi has directed that the petition be served on all the respondents within seven days, with responses to be filed within 14 days of service. The case will be mentioned on October 22, 2025, to confirm compliance before further directions are given.
