Kenya’s national human rights commission has asked the High Court to stop a special panel created by the President, arguing it illegally takes over the commission’s job. The Kenya National Commission on Human Rights, which holds an A-grade accreditation from the United Nations, says the Presidential Panel of Experts on Compensation of Victims of Demonstrations and Public Protests duplicates its constitutional work.
The commission, involved in the case as the 19th Interested Party, states it is legally mandated to investigate human rights abuses and secure redress for victims. In its court filings, it argues that the President’s panel, established by a proclamation in August 2025, is doing the same work without any legal foundation. The panel’s tasks include verifying victim data and creating a framework for compensation, which the commission says is its own core function.
The human rights body argues that the President overstepped his authority. It points to Article 132 of the Constitution, which states that the President can only create a new public office on the recommendation of the Public Service Commission and with the approval of Parliament. The commission states that neither of these steps was taken, making the panel’s creation invalid from the start.
The court documents also contend that the panel is performing quasi-judicial work. By determining who qualifies as a victim and what compensation they should receive, the panel is making legal decisions that affect people’s rights. The commission argues that such power can only be given to a body by law, not by a presidential proclamation.
To support its case, the commission cites a recent court ruling from 2024. In that case, the High Court nullified a presidential taskforce on police reforms because it duplicated the work of the National Police Service Commission. The judge in that case stated that the President cannot use his general powers to override the specific mandates of constitutionally independent bodies.
The commission is asking the court to cancel the presidential proclamation that created the panel and to stop its operations. It argues that allowing the panel to continue would undermine the rule of law and the independence of Kenya’s human rights institutions. The court’s decision will determine whether the President’s panel can continue its work or if its functions must be carried out by the agencies already established by law.
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