Professor Makau Mutua/SCREENGAB

An appeal has been lodged seeking clarification on a High Court decision that questioned the legality of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, even as the government maintains that it remains committed to compensating affected victims.

In a statement issued on January 9, 2026, the panel, through its chairperson Makau Mutua, said it had complied with the High Court judgment delivered in Kerugoya on December 4, 2025, while also moving to the appellate court for further interpretation of the ruling.

The panel said the appeal does not suspend or delay compliance with the court order, but is intended to obtain clarity on legal principles it described as being of significant public interest.

“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 lodged to seek clarity on the larger issues arising from the judgment,” the statement said.

In its decision, the High Court faulted the manner in which the panel was established through a presidential proclamation, finding that it exceeded constitutional and statutory limits.

The court held that the creation of the compensation framework by President William Ruto was unconstitutional, ruling that the mandate to address human rights violations and related reparations lies with the Kenya National Commission on Human Rights (KNCHR).

Justice Edward Mureithi directed that amendments be made within 30 days to align the panel’s operations with the Constitution and existing legal frameworks, warning that failure to do so would result in the proclamation being quashed.

The ruling followed consolidated constitutional petitions filed by various parties challenging the legality, structure, and mandate of the panel.

Despite the decision, the Executive has said it has taken steps to implement the judgment.

According to the panel’s statement, President Ruto operationalised the court decision through a Special Gazette Notice issued on January 5, 2026.

The panel said the notice reflects respect for judicial authority and adherence to the rule of law.

It added that administrative and procedural measures are now underway to ensure that compensation for victims of demonstrations and public protests is carried out in a transparent, fair, and accountable manner, in line with established legal and institutional frameworks.

At the same time, the panel said the appeal seeks guidance on broader legal questions arising from the judgment, including the constitutional role of the Executive in facilitating reparations and the appropriate institutional mechanisms for addressing human rights violations.

It said clarification from the appellate court would help avoid legal uncertainty.