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Blow to Ruto as Irũngũ Houghton resigns from compensation panel

Blow to Ruto as Irũngũ Houghton resigns from compensation panel
Amnesty International Kenya Executive Director Irungu Houghton. PHOTO/@AmnestyKenya/X

Human rights advocate Irũngũ Houghton has resigned from the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, citing fundamental constitutional and legal concerns following a recent High Court ruling.

In a resignation letter dated Friday, January 9, 2026, and addressed to the panel’s chairperson, Makau Mutua, Houghton said his decision takes immediate effect and was prompted by President William Ruto’s move to extend the panel’s mandate by a further 180 days on Monday, January 5, 2026.

The extension, he argued, came despite a December 4, 2025, ruling by the Kerugoya High Court, which declared the panel unconstitutional. The panel was established by a Gazette notice issued by the Head of Public Service, Felix Koskei, on August 25, 2025.

President William Ruto’s advisor Makau Mutua. PHOTO/https://www.facebook.com/makau.mutua.1
President William Ruto’s advisor Makau Mutua. PHOTO/https://www.facebook.com/makau.mutua.1

Professor Makau Mutua chaired the panel, with the Law Society of Kenya (LSK) President, Faith Odhiambo, who also resigned, serving as vice-chairperson.

Fronted by President William Ruto, the panel was tasked with reviewing the legal and institutional framework for compensating victims of police excesses during public protests.

Houghton resigns

”I write to formally tender my resignation from the Panel of Experts with immediate effect. My decision follows the President’s 5 January 2026 extension of the Panel’s mandate for a further 180 days despite the 4 December 2025 ruling of the Kerugoya High Court (HCCHRRPET/E010/2025),” the letter reads in part.

According to Houghton, the court ruled that the statutory and constitutional responsibility for advising the President on compensation for victims of human rights violations properly lies with the Kenya National Commission on Human Rights (KNCHR), not the ad hoc panel. He said the judgment “materially alters both the legal basis and institutional legitimacy of the Panel’s continued existence.”

He also warned that continued service on the panel risks normalising an arrangement the court has expressly found to be unconstitutional and undermines the central role assigned to KNCHR by law.

President William Ruto making his address during a past event: PHOTO/facebook.com/williamsamoei
President William Ruto making his address during a past event: PHOTO/facebook.com/williamsamoei

Houghton further distanced himself from a legal application filed on Monday, December 15, 2025, seeking a stay of the High Court ruling. He described the inclusion of his name as an appellant in that application as erroneous and not done in good faith. He clarified that he had suspended his involvement with the panel on Thursday, September 11, 2025, and neither supported nor was consulted on the decision to challenge the court ruling.

”I note that the inclusion of my name as an appellant in the 15 December application for a stay is erroneous, not in good faith and falls short of trite law and the National Values and Principles of Governance (CoK Art. 10(2),” he said.

”I suspended my involvement on the panel on 11 September to await the court ruling and did not enter appearance when listed as an interested party, trusting that the High Court would offer a way forward. I was neither consulted nor do I support the 15 December application to stay the court ruling, which was only communicated to Panel members for the first time on 8 January 2026, he added in the letter.

He also noted that the stay application contradicted his publicly stated position in a Saturday, December 6, 2025, opinion piece published in a local publication, where he argued that the panel should fully comply with the High Court’s determination and allow KNCHR to carry out its constitutional mandate.

Irungu Houghton's letter of resignation from the rom the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests. PHOTO/@irunguhoughton/X
Irungu Houghton’s letter of resignation from the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests. PHOTO/@irunguhoughton/X

“I therefore formally disassociate myself from the decision to challenge the 4 December 2025 Kerugoya High Court ruling,” he stated, adding that his resignation should not be construed as acceptance of, or acquiescence in, the course of action taken by the panel.

Commitment to justice

Despite his departure, Houghton reiterated his commitment to justice and reparations for victims of state violence during public protests. He acknowledged the pain endured by victims and their families, saying their calls for accountability and compensation had anchored his personal conscience throughout his involvement with the process.

However, he stressed that fidelity to the Constitution, the rule of law and institutional accountability must take precedence over expediency. He argued that the High Court had provided the Presidency with a “legal and pragmatic way” to compensate victims through the KNCHR, warning that continued pre-emptive litigation only places more obstacles in the path of victims and their families.

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