Lawyer Moves to Court Against Ruto’s Compensation Plan for Protest Victims

A fresh legal battle has landed in the High Court after a petition challenged President William Ruto’s framework for compensating victims of demonstrations. The petitioner argues that the plan was created outside the Constitution and the Victims Protection Act, and therefore lacks legitimacy.

Lawyer Lempaa Suyianka, who filed the petition, wants the court to interpret and enforce basic constitutional provisions under Articles 19, 20, 22, 23, and 24 of the Kenyan Constitution. He contends that the Constitution grants power to the High Court to nullify any law or administrative action that contravenes fundamental rights and to provide remedies such as injunctions, conservatory orders, and compensation.

President Ruto, the Attorney General, the Cabinet Secretary for the Interior, and the Cabinet Secretary for the National Treasury are named as respondents in the petition.

The petition accuses the respondents of creating unlawful administrative frameworks that erode constitutional freedoms.

Lempaa argues that the policies and decisions under the framework contravene constitutional democracy ideals by restricting rights without law. He asserts that transparency, public participation, and accountability are not optional but mandatory constitutional imperatives to which the executive and government institutions must be accountable.

By ignoring these principles, the petition argues, the respondents have acted in ways that weaken the safeguards of the Constitution.

What the Petitioner Wants

Lempaa is asking the court to declare the contested government actions unconstitutional and to issue orders stopping the respondents from enforcing measures that infringe on citizens’ rights.

He is also seeking compensation for individuals who may have already suffered harm as a result of the contested actions.

The Attorney General, along with the Interior and Treasury ministries, will defend the contested policies and actions in court. Professor Makau Mutua has also joined the case as an interested party.

Justice Lawrence Mugambi directed that the petition be served on all respondents within seven days. He further ordered the respondents to file their responses to both the application and the main petition within 14 days of service.

The case is set for mention on October 22, 2025, when the court will confirm compliance before giving further directions on the hearing.

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