The panel was appointed by President William Ruto but was later suspended following a High Court ruling that questioned its legality.
The decision to seek judicial direction comes after the President reviewed the panel’s mandate and redefined it as an advisory body.
Members of the panel say the move has raised important legal questions that can only be settled by the courts to avoid further confusion.
The controversy began after the Kerugoya High Court delivered a ruling on December 9, 2025.
The court stated that the President does not have the constitutional authority to form a body tasked with leading the compensation of victims of protests and riots.
According to the judge, that responsibility lies with the Kenya National Commission on Human Rights (KNCHR), which is established under the Constitution.
Following the ruling, the panel’s operations were effectively put on hold. However, a new Gazette Notice dated January 5, 2026, later outlined changes to its role.
The notice, issued by the Head of Public Service Felix Koskei, stated that the panel would now operate purely in an advisory capacity.
Under the revised mandate, the panel will serve for six months and offer guidance and recommendations on issues related to compensation of victims.
The panel is chaired by constitutional lawyer Prof. Makau Mutua, who has been vocal on matters of law, justice, and human rights.
Despite the changes, the panel says uncertainty still remains. Members argue that without clear judicial guidance, their work could be challenged again, potentially wasting time and public resources.
By going to court, they hope to receive clarity on how far they can operate within the law and how their advisory role should relate to existing constitutional bodies.