Government Makes Changes To Makau Mutua-Led Panel On Compensation For Protest And Riot Victims

The government has amended the terms of reference of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, chaired by scholar Prof. Makau Mutua, following a High Court ruling that faulted aspects of its original mandate.

The changes were published in the Kenya Gazette on January 5, 2026, under Gazette Notice No. 259, and are intended to align the panel’s work with constitutional requirements and existing human rights laws.

According to the gazette notice, the amendments stem from a Presidential Proclamation issued on August 16, 2025, which established a framework for reparations and compensation of victims of demonstrations, public protests, and riots, as part of efforts to promote “national healing and social cohesion.”

“By dint of a Presidential Proclamation issued on 16th August, 2025, the Head of State and Government, established a framework for the reparation and compensation of victims of demonstrations, public protests, and riots,” the notice reads.

High Court Ruling Triggers Changes

The revisions follow a judgment delivered by the High Court in Kerugoya on December 4, 2025, in consolidated Constitutional Petitions Nos. E10, E11 and E14 of 2025, which affirmed the President’s role in facilitating reparations while underscoring the constitutional mandate of the Kenya National Commission on Human Rights (KNCHR).

“The said Judgment further issued orders directing the revision of the Terms of Reference of the Selection Panel, in recognition of the constitutional and statutory mandate of the Kenya National Commission on Human Rights,” the gazette states.

As a result, Paragraph II (a) of the original Gazette Notice No. 12002 of August 25, 2025, was deleted and replaced.

The panel will now advise the President on implementation of the reparations framework “based upon a report prepared by the Kenya National Commission on Human Rights.”

Also Read: Faith Odhiambo Resigns from Ruto’s Panel After Pressure

New Compliance Clause Added

The government also inserted a new clause requiring the panel to strictly adhere to the Constitution and all applicable laws.

The panel is now required “to perform its functions in strict compliance with the Constitution and all applicable laws and procedures, in collaboration with relevant public bodies and institutions where necessary.”

In addition, the term of the panel has been extended by 180 days from the date of publication of the notice, or for any other period that may be specified in the Kenya Gazette.

“The term of the Panel is hereby extended for a further period of one hundred and eighty (180) days,” the notice signed by Chief of Staff and Head of Public Service Felix K. Koskei states.

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Odhiambo’s Resignation Provides Context

The amendments come months after Law Society of Kenya (LSK) President Faith Odhiambo resigned as Vice Chairperson of the panel, citing legal uncertainty and court intervention.

“As things stand, the time-bound mandate of the Panel has been stopped by our Courts, and the proposed 120-day tenure of the Panel is likely to lapse before the matter is resolved and settled,” Odhiambo said in her October 6, 2025 statement.

She said victims had continued to reach out in frustration as timelines stalled.

“While the clock runs down on the Panel’s lifetime, victims continue to reach out to me in total frustration over when their requests for audience with the Panel will be honored.”

Odhiambo maintained that her resignation did not diminish her commitment to victims of police excesses.

“My commitment to agitate for the rights of victims remains impregnable; I will continue to take up and prosecute matters on behalf of victims of police excesses during demonstrations.”

She also pledged that LSK would pursue legislative and judicial reforms to ensure a victim-centered reparations framework, emphasizing that, “We must treat reparations for victims with the same seriousness with which we treat repercussions for perpetrators.”

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A photo collage of President William Ruto and LSK President Faith Odhiambo. PHOTO/PCS/LSK.