The High Court has ruled that the President has no constitutional authority to constitute a body to advise on the compensation of victims, holding that the mandate squarely falls within the Kenya National Commission on Human Rights (KNCHR).
In its decision, the court directed that the report in question be submitted to the Kenya National Commission on Human Rights, which shall undertake the necessary executive actions and allow for any required amendments to bring the process into conformity with the Constitution.
The court further ordered that the necessary amendments must be effected within 30 days. Failure to do so, the court warned, would result in the impugned proclamations being invalidated.
However, the judge clarified that it is not automatic that the decision or proclamation will be quashed after the lapse of the 30 days, but emphasized that continued non-compliance with the Constitution would render the President’s proclamations invalid.
The court held that issues relating to compensation of victims are a constitutional mandate of the Kenya National Commission on Human Rights as a principal organ, and not the Executive.
As a result, the court declared that the proclamations issued by the President in relation to the matter are unconstitutional and therefore invalid.
The case had been filed by lawyer Levy Munyiri who challenged the desicion by the president to form the committee.
