The Kenyan government has started taking steps to compensate victims of protests and public demonstrations, following a High Court ruling, even as it seeks to appeal the decision.
In a statement released on Friday, the Panel of Experts on Compensation of Victims of Protests and Riots said the move follows a judgment issued in Kerugoya on December 4, 2025, under Constitutional Petitions Nos. E10, E11, and E14 of 2025.
The ruling affirmed the President’s special constitutional role in protecting human rights and ensuring reparations.
According to the statement, President William Ruto has already acted on the decision through Special Gazette Notice No. 259 dated January 5, 2025. The panel noted that this step demonstrates “the President’s strong commitment to the rule of law, constitutionalism, and respecting the authority and mandate of the Judiciary.”
The government is now undertaking the necessary administrative and procedural measures to implement the court’s directive.
The panel explained that these actions aim to guarantee that compensation for protest victims is managed in a transparent, fair, and accountable manner, following existing legal and institutional frameworks.
Compensating victims of demonstrations and riots has long been a sensitive matter in Kenya, involving questions around state responsibility, law enforcement, and the protection of fundamental rights.
The issue gained momentum in August 2025, when President Ruto unveiled a national framework to compensate victims of protests dating back to 2017. The initiative included the appointment of Law Society of Kenya President Faith Odhiambo as vice-chair and Prof Makau Mutua as Chairperson of the Panel.
The High Court ruling has renewed focus on how the executive handles harm suffered during public unrest. At the same time, the government has filed an appeal, which the panel said was done “in recognition of the significant public interest involved and in line with established judicial principles and practice that allow for appellate review.”
The panel emphasized that the appeal will not affect the implementation of the court order. “The filing of the appeal does not suspend, delay, or negate compliance with the existing Court order,” it said.
The appeal is intended to allow the Judiciary to further clarify the principles involved, ensuring a clearer and more orderly development of legal precedent. By pursuing both compliance and appeal, the government aims to balance obedience to court directives with its right to seek further legal interpretation.
The panel framed this dual approach as part of constitutional governance, noting that following court orders and seeking appellate review are complementary. This, it said, demonstrates respect for the rule of law and the independence of the Judiciary, countering any perception that an appeal implies defiance.
The statement did not specify how compensation will be funded, who will be eligible, or when payments will begin. Officials, however, confirmed that ongoing administrative steps are designed to uphold accountability and fairness.
The announcement was signed by Prof Makau Mutua, Chairperson and Principal Coordinator of the Panel of Experts on Compensation of Victims of Protests and Riots, on behalf of the panel.
As the appeal proceeds, attention will likely shift to how courts address the broader legal questions raised and whether the compensation framework delivers real relief to victims. For now, the government’s stance is clear: it will comply with the High Court ruling while pursuing higher court guidance on the principles involved.
