High Court Rules on Case Challenging Ruto’s ‘Unlawful’ Appointments

The High Court on Friday, August 29, declined to suspend the panel of experts appointed by President William Ruto to oversee compensation for victims of protests.
In his ruling, Justice Chacha Mwita directed the petitioners to serve court papers on President Ruto, the Attorney General, the Interior Cabinet Secretary, the Treasury Cabinet Secretary, and Professor Makau Mutua, who chairs the panel.
The judge ordered that responses to both the application and petition be filed and served within seven days. The petitioners will then have a further seven days to file a supporting affidavit.
Justice Mwita scheduled the hearing for Wednesday, September 24, about a month after the ruling.
The ruling came a day after four activists, led by Dr Magare Gikenyi,filed a petition challenging his decision to form a panel of expertsto oversee the compensation of victims of protests.
In their application dated Wednesday, August 27, the petitioners accused President William Ruto of contravening the Constitution by making unlawful appointments, arguing that Article 134 clearly outlines the limits of presidential powers.
They asked the court to issue conservatory orders suspending the panel of experts or, in the alternative, bar the panel from carrying out any activities. This included compiling reports, making recommendations, handing over findings, or implementing any actions arising from their work.
The petitioners also sought to stop members of the panel from assuming their roles, insisting the appointments were made through what they termed “imaginary mirage powers,” which, they argued, do not exist under Kenya’s progressive Constitution.
“A look at the functions of the President as provided under Article 132(4) shows that the President does not have powers to establish any compensation, reparation, and cohesion panel whatsoever,” they stated.
They further faulted Ruto’s proclamation for failing to specify the panel’s duration, despite being funded by taxpayers’ money.
According to them, it was illogical for the sameexecutive to purport to compensate the said citizens, yet there are institutions like courts that could compensate the protest victims.
The petition comes three days after theHead of State appointed an 18-member teamto facilitate the compensation of victims of protests dating back to 2017.
The appointments were gazetted on Monday, August 25, with the team set to be chaired by Ruto’s advisor on Constitutional Affairs and Human Rights, Makau Mutua.
Law Society of Kenya President Faith Odhiambo was named as the vice-chair, with the panel formed to implement Ruto’s August 8 proclamation in which he announced a framework for protest victims’ compensation.