NAIROBI, Kenya, Jan 9 — The government is fully aligned with the High Court order on compensation of victims of demonstrations and public protests, even as it pursues an appeal to clarify broader legal questions arising from the judgment, the Panel of Experts on Compensation of Victims of Protests and Riots has said.
In a statement on Friday, the panel’s Chairperson and principal coordinator, Prof Makau Mutua, said the decision to seek appellate review should not be interpreted as resistance to the court ruling, but rather as a complementary legal step aimed at refining jurisprudence on the issues raised by the case.
“Compliance with court orders and the pursuit of appellate review are complementary aspects of constitutional governance,” Prof Mutua said, adding that both actions affirm respect for the rule of law and the independence of the Judiciary.
The statement said President William Ruto has already implemented the High Court judgment delivered in Kerugoya on December 4, 2025, through Special Gazette Notice No. 259 dated January 5, 2026, operationalising the decision on compensation of victims of demonstrations and public protests.
Administrative procedures
The court ruling arose from Constitutional Petitions Nos. E10, E11 and E14 of 2025 and affirmed the President’s constitutional role in protecting human rights and facilitating reparations.
According to the panel, administrative and procedural steps are now being undertaken to ensure the compensation process is carried out in a transparent, fair and accountable manner, and in line with established legal and institutional frameworks.
At the same time, Prof Mutua said an appeal has been filed to seek clarity on wider legal issues raised by the judgment, citing the significant public interest involved.
“The filing of the appeal does not suspend, delay, or negate compliance with the existing court order,” Mutua said.
He noted that the move is intended to allow the Judiciary to further pronounce itself on the principles involved in the interest of clarity and the orderly development of jurisprudence.
The panel said the dual approach — implementing the judgment while pursuing appellate review — demonstrates the government’s commitment to constitutionalism, the rule of law and respect for judicial authority.