By Sam Alfan.

Law Society of Kenya (LSK) wants the High Court to dismiss an application by panel of experts on compensation of victims of demonstrations and public protests, seeking to lift an order blocking it from undertaking the job.

The panel filed an urgent application arguing that the order granted on September 8, undermined the broader public interest in securing justice, accountability, and redress for victims of protest-related violence.

However, LSK says the application has no merit.
The lawyers’ body sought for the dismissal of the application even as the panel vice chairperson Faith Odhiambo, resigned from the position following sustained pressure.

“We therefore conclude by submitting that the application before the Court is one for dismissal as the Appellants have failed to set a case that would require the Court to issue the orders sought,” LSK said.

The legal profession body told the court the orders sought in the main petition and the interlocutory application are not orders that will cause irreparable loss on them.

“The committee have failed to meet the first test for the grant of an order of stay of execution as set out under Rule 5(2)(b) of the Court of Appeal Rules,” LSK told the appellate court.

LSK added committee failed to prove the appeal will be rendered nugatory.

“A perusal of the Memorandum of Appeal dated 13th September, 2025 discloses that the committee have relied on these allegations as the ground of their appeal before this Court clearly illustrating their intent to have this Court delve into this matters. That have not been determined by the High Court,” submitted LSK.

LSK further submitted that the grounds upon which the appeal is based are not ripe for escalation to this Court in light of the lack of an actual decision of the High Court.

“We therefore submit that given the fact that the appeal is clearly a premature escalation of issues that are yet to be determined by the High Court the ground on which it is grounded are ex facie unarguable,” submitted LSK.

Accordingly to LSK, the 14-member panel of experts appointed by President William Ruto to facilitate the compensation of demo victims also advanced a ground of appeal which is assault on orders issued on 8 September, 2025 on the basis of the fact that they were not pleaded by the committee.

The committee argue that the petitioner Levi Munyeri did not inform Justice Magare that one of the petitioners in the matter, Dr Magare Gikenyi, is related to him putting the judge in a perplexing situation.