President William Ruto has constituted a 14-member panel of experts to oversee the compensation of victims of protests dating back to 2017.

In a gazette notice dated August 25, the President announced that the team which has a term of 120 days will be chaired by his Senior Advisor on Constitutional Affairs, Makau Mutua, with the Law Society of Kenya’s Faith Odhiambo as it’s Vice Chairperson.

The team will also include Amnesty International (Kenya) Executive Director Irungu Houghton, who has joined as an advisor in his personal capacity.

Amnesty International Kenya Board Chairperson Dr. Stellah Bosire said the organisation welcomes Houghton’s appointment and urged the panel to push for real reparations for the victims.

“Amnesty Kenya urges the panel to deliver a comprehensive reparations package. It must include substantial financial compensation, truth-telling, memorials, legal reforms, rehabilitation and guarantees of non-repetition. Transparency and careful verification must guide the process, and the dignity and privacy of victims and their families must be protected,” said Bosire.

“Compensation must not replace criminal accountability,” she added.

Dr Duncan Ojwang, who recently turned down another appointment to the Kenya National Commission on Human Rights (KNCHR) amid pushback from within the body, has also been empanelled.

Also listed is Pius Metto who was the Sports Kenya Director-General until January this year.

Former Solicitor General Kennedy Ogeto, Reverend Kennedy Barasa, Fatuma Abass, and Raphael Anampiu are among other members.

Terms of Reference

According to the panel’s terms of reference, they will be required to come up with a method of verifying claims from the victims, placing them into identified categories, before compensating them.

They will also recommend reparations and accountability measures, including pushing for the prosecution of perpetrators where enough evidence is available.

Similarly, the team has been tasked to outline legislative and institutional reforms to foster responsible policing and proper conduct of protests.

To achieve its goals, the panel is expected to engage various sectors of society, including religious organisations, rights groups, including those affiliated with the state, and relevant state agencies such as the Independent Policing Oversight Authority (IPOA), the Office of the Director of Public Prosecution (ODPP), and Kenya Human Right Commission.

According to Head of Public Service Felix Koskei, the panel will operate from the Kenyatta International Convention Centre (KICC) and will be funded by the exchequer.

“Funding for the Panel and the compensation scheme shall be provided in accordance with the Public Finance Management Act and any other applicable law, utilising auditable payment channels,” reads part of the gazette notice, adding, “the Panel shall ensure transparent accounting, maintain records sufficient for an independent audit, and publish anonymised statistics and progress updates.”

President Ruto will be informed of the progress of the work carried out from time to time before a final report is submitted.