Amnesty International-Kenya’s Executive Director Irungu Houghton has formally resigned from the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests.

In a letter to the Chairperson of the panel Prof Makau Mutua, Irungu explains that his resignation follows President William Ruto’s January 5, extension of the Panel’s mandate for a further 180 days’ that contravenes an earlier High Court ruling that declared that the Kenya National Commission on Human Rights (KNCHR) as the principal organ of the State responsible for ensuring compliance with obligations under international human rights treaties and conventions.

The ruling was delivered on December 4 by the Kerugoya High Court.

In a gazette notice dated January 5, Chief of Staff and Head of the Public Service, Felix Koskei, announced that the panel’s roles have been reviewed in compliance with a Kerugoya High Court’s order to make necessary amendments within 30 days.

In his letter, Irungu added that the judgment, in his considered view, ‘materially alters both the legal basis and institutional legitimacy of the Panel’s continued existence’.

“As a constitutionalist, I am obligated to respect judicial determinations and act in a manner that safeguards the integrity of independent institutions. Continuing to serve on the Panel under these circumstances risks normalising an arrangement that the court has expressly found to be unconstitutional and undermines the central role assigned to KNCHR by law,” he said.

Irungu added that his membership to the panel aligned with his personal belief that the ‘victims of state violence’ deserve the truth, justice and compensation.

“The victims’ families cry for accountability, justice, and reparations, which have anchored my personal conscience throughout this journey. However, fidelity to the Constitution, the rule of law, and institutional accountability must take precedence over expediency. Through the KNCHR, the High Court has offered the Presidency a legal and pragmatic way to compensate the affected and restore its integrity before the nation. Persistent preemptive litigation places more obstacles before the victims, their families and the Presidency than it removes,” he said.

Meanwhile, an appeal has been lodged seeking clarification on the legal issues arising out of the Kerugoya High Court decision.

In his response to the appeal, Prof Mutua said the panel is working to address the necessary administrative and procedural steps to operationalise the judgment.

“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,” he said in a statement.

Irungu becomes the second member of the 18-member panel to resign following the resignation of its Vice Chairperson and Law Society of Kenya’s President Faith Odhiambo in October last year, citing the need to safeguard LSK’s independence and unity amid ongoing legal and constitutional challenges.

The panel, established through an August 25 Kenya Gazette notice, was tasked with recommending compensation for victims of police brutality and violence during youth-led anti-government protests this year and last year, in which over 120 people were killed and hundreds more injured.