In a judgement delivered at Kerugoya High Court, the court ruled that the President lacks the authority to constitute an advisory body on victim compensation. The court firmly held that this mandate resides exclusively with the Kenya National Commission on Human Rights (KNCHR).
The judgment, delivered on Thursday, directly addressed proclamations issued by President William Ruto to form a committee tasked with advising on compensation for victims. The court found these actions to be unconstitutional, invalidating the committee’s formation.
The bench emphasized that the power to handle matters of victim compensation is a core function statutorily and constitutionally bestowed upon the KNCHR as an independent commission, and is not a function of the Executive branch.
The case was initiated by lawyer Levy Munyiri, who legally challenged the President’s decision, arguing that it infringed upon the KNCHR’s designated role. The court’s ruling reflected this position, offering a clear interpretation of the separation of powers and the protected mandates of Chapter Fifteen commissions under the Kenyan Constitution.
The court in turn provided a detailed remedial pathway to rectify the constitutional breach. It directed that any report or work already generated by the now-invalid presidential committee be submitted to the KNCHR. The Commission is then mandated to “undertake the necessary executive actions” and implement any required amendments to bring the entire compensation process into conformity with the Constitution.
A strict 30-day timeline was imposed for these corrective measures to be completed. The court warned that failure to effect the necessary changes within this period would result in the proclamations being invalidated.
However, the presiding judge offered an important clarification: the nullification is not automatic upon the mere lapse of the deadline. Instead, it is continued non-compliance with the Constitution that would trigger the invalidation, leaving a narrow window for adherence to the court’s orders even after the 30 days.
The case has been scheduled for mention on 20 January 2026 to monitor the respondents’ compliance.
