The High Court has delivered a landmark decision ruling that President William Ruto had no constitutional authority to constitute a body to advise on the compensation of victims, finding that the mandate lies exclusively with the Kenya National Commission on Human Rights (KNCHR).
In the judgment, the court directed that the report prepared by the contested body be handed over to KNCHR, which is the constitutionally recognised institution empowered to handle matters relating to victims’ rights and compensation. KNCHR will now be required to take executive steps, review the report, and make any amendments needed to align the process with constitutional requirements.
The judge further ordered that all necessary amendments must be completed within 30 days. The court warned that failure to comply would expose the President’s proclamations to invalidation. Even so, the court clarified that the proclamations will not be automatically quashed at the end of the 30 days, but stressed that continued violation of the Constitution would render the actions legally untenable.
The court emphasised that issues of victim compensation fall squarely within the constitutional mandate of KNCHR as a principal organ established to protect human rights, and cannot be assumed by the Executive even through presidential proclamations.
Following this finding, the court declared the President’s proclamations establishing the committee unconstitutional and therefore invalid. The legal challenge had been filed by lawyer Levy Munyiri, who argued that the President had overreached by forming a body outside the constitutional framework.
