A Legal Challenge to the President’s Compensation Plan

A community organization called Gema Watho Association has filed a case in the High Court in Kerugoya, questioning the legal foundation of a special panel created by the President. The group, Gema Watho Association, argues that the Presidential Panel of Experts on Compensation of Victims of Demonstrations and Public Protests was established without proper legal authority.

The core of the dispute centers on whether the President acted within his powers. The petitioner contends that the Kenyan Constitution requires the creation of any new public office to be recommended by the Public Service Commission and approved by Parliament. They state the panel was created by a presidential proclamation in August 2025 without following this process, making its formation invalid from the start.

The case also raises concerns about overlapping government functions. They argue that the panel’s job of identifying victims and recommending compensation duplicates the work of existing, legally established bodies. These include the Victim Protection Agency, which was created by an Act of Parliament in 2014 to manage victim compensation, and the Kenya National Commission on Human Rights. The petitioner suggests that creating a parallel body undermines these official institutions.

Further issues highlighted in the suit involve the panel’s formation process. The association claims the selection of panel members was not transparent and lacked public participation, which are requirements under the Constitution. They also argue that the panel’s scope is unfairly limited, as it only addresses recent protest victims while excluding recognized victims of political violence from the 1990s and 2007-2008, calling this discriminatory.

To support their case, the petitioner points to a recent court decision. In 2024, the High Court nullified a similar presidential taskforce on health because it duplicated the work of a statutory council. They argue the same legal logic should apply to this panel.

The group is asking the court to declare the panel unconstitutional and issue orders to stop its operations. They seek to have the presidential proclamation and the official gazette notice that established the panel declared null and void.

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