Faith Odhiambo Clarifies Non-Participation in Compensation Panel Meetings

Nairobi, Kenya — 2025-09-11 13:30 EAT. Law Society of Kenya (LSK) President Faith Odhiambo has stated that, apart from being sworn in as Vice Chair, she has not engaged in any meetings or substantive work for President Ruto’s Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, pending a High Court ruling that has suspended the panel’s operations. 

1) The Latest

• What happened now: On September 11, 2025, Odhiambo released a public statement clarifying that since her swearing-in, she has taken no part in any meeting or action of the panel, citing respect for a High Court order halting the panel’s mandate. 

• Why it matters: Her clarification seeks to preserve professional independence and avoid perceptions that her leadership in LSK compromises its watchdog role amid concerns over the committee’s legality.

• Status: Developing; panel suspended by court order. 

2) Context in Brief

• The panel was established via a presidential gazette notice on August 25, 2025 to create a reparations framework for victims of demonstrations and protests, dating back to 2017. 

• A petition filed by Advocate Levi Munyeri challenged the legality of the panel, leading to the High Court in Kerugoya issuing a conservatory order on September 8, 2025, suspending its operations. 

• Alongside Odhiambo, other appointees including Irungu Houghton have likewise suspended active participation pending the court’s decision.

3) Law, Policy, and Process

• Relevant Laws/Constitutional Provisions:

  The panel’s mandate and establishment are contested under constitutional principles of separation of powers and proper statutory process. The High Court order specifically halted Gazette Notice No. 12002 of August 25, 2025. 

• Jurisdiction & Mandate:

  The panel is chaired by Prof. Makau Mutua. Odhiambo serves as Vice Chair. The Office of the Director of Public Prosecutions (ODPP) is also under pressure to act on issues raised by protest victims. 

• Immediate Next Steps per Law:

  • Abide by the High Court’s conservatory orders.

  • Wait for the legal petition to be heard inter partes.

  • Ensure any actions or engagements are consistent with judicial guidance. 

4) Voices and Stakeholders

• Faith Odhiambo, LSK President: “Apart from the swearing-in, I have not participated in any meetings or engagements with or for the Panel … I respect the rule of law … I do not work for the government of Kenya nor the opposition … my duty is to serve the people of Kenya and … my learned colleagues at the Law Society.” 

• Irungu Houghton (Amnesty International Kenya): Also issued a statement that he has not participated in panel activities beyond the oath and is withholding involvement until the court rules. 

• Advocate Levi Munyeri: Filed the petition challenging the panel’s constitutionality; called for Odhiambo’s resignation from the LSK presidency if her role compromises the society’s independence. 

5) Evidence & Data Box

6) Risks, Implications, Scenarios

• Credibility risk for LSK: If perceived to be too close to executive appointments, may weaken LSK’s reputation as an independent legal watchdog.

• Legal sector division: Calls for Odhiambo’s resignation may lead to splits in the legal fraternity.

• Delay in remedies for victims: Suspension of the panel may prolong victims’ wait for justice and compensation.

7) What We Don’t Know Yet

• What the final court judgment will say when the petition is heard (October 6, 2025). 

• Whether the panel will be reconstituted under different terms or fully dissolved.

• How Odhiambo will balance her role in LSK with any future involvement, if court rulings permit.

• How ODPP and police oversight mechanisms will respond to calls for prosecution of officers accused of excessive force.

8) Timeline

• 2025-08-25: Gazette Notice No. 12002 of 2025 formalises the panel. 

• 2025-09-04: Faith Odhiambo sworn in as Vice Chair of the Panel of Experts. 

• 2025-09-08: High Court in Kerugoya issues conservatory orders suspending the panel’s operations. 

• 2025-09-11: Odhiambo issues statement clarifying non-participation; other members (e.g. Houghton) also step back. 

9) What to Watch

• The outcome of the petition filed by Advocate Levi Munyeri and others challenging the panel’s legality.

• Whether the government will revise or withdraw the panel in response to court orders and public outcry.

• ODPP’s response to Odhiambo’s call to review terrorism charges and prosecute police officers implicated in rights violations.

• Legal reforms or policy statements to safeguard the independence of professional bodies like the LSK.