The court held that the Kenya National Commission on Human Rights (KNCHR) has the exclusive constitutional mandate to handle victim compensation matters.
The judgment declared the presidential committee unconstitutional.
Court declares committee unconstitutional
The court examined proclamations issued by President William Ruto to create a committee that would advise on compensation for victims.
The judges ruled that the President exceeded his constitutional powers.
They found that the Constitution reserves this role for the KNCHR.
The court therefore invalidated the committee’s establishment.
KNCHR retains constitutional mandate
The judges reaffirmed that the KNCHR is an independent constitutional commission.
They said the commission alone has the authority to oversee victim compensation matters.
The court stressed that the Executive cannot take over functions assigned to independent commissions under the Constitution.
Lawyer challenged president’s decision
Lawyer Levy Munyiri filed the petition challenging the committee.
He argued that the President’s decision violated the constitutional mandate of the KNCHR.
The court agreed and ruled that the committee interfered with the commission’s independent role.
Court orders compliance
The court directed authorities to submit any reports or work completed by the committee to the KNCHR.
The commission will review the documents and take the necessary constitutional steps.
The judges also ordered the respondents to align the compensation process with the Constitution.
Thirty-day deadline
The court gave the respondents 30 days to comply with its orders.
The judges warned that continued non-compliance could invalidate the presidential proclamations.
However, the court clarified that the proclamations would not become invalid automatically after 30 days.
Instead, invalidation would depend on whether the respondents continued violating the Constitution.
Next court mention
The court scheduled the matter for mention on January 20, 2026.
During that session, the judges will review the respondents’ compliance with the ruling.
