Faith Odhiambo under pressure to resign from Ruto’s compensation panel of experts
Faith Odhiambo under pressure to resign from Ruto’s compensation panel of experts
Lawyer Levi Munyeri has written to the Law Society of Kenya (LSK) demanding the resignation of its President, Faith Odhiambo, over her acceptance to serve in the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests.
In a letter addressed to the LSK President on Thursday, September 4, Munyeri accused Odhiambo of violating the Constitution and the Law Society of Kenya Act by taking up the appointment.
He argued that her participation in the panel compromises the independence and statutory functions of the LSK.
“I refer to the above matter and your decision to accept the appointment and take oath to serve in the Panel of Experts. LSK is a creation of statute, the Law Society of Kenya Act, with specific statutory functions that are preserved under Section 4 of the said Act.
“Among them is duty to uphold the Constitution and advance the Rule of Law and the Administration of Justice. Your acceptance to serve in the Panel of Experts violates the Constitution and Statute in the following ways,” the letter read.
Munyeri went on to list five reasons why Odhiambo’s decision was unconstitutional, beginning with duplication of roles of the Kenya National Commission on Human Rights (KNCHR).
“The Panel has duplicated the function of a constitutional creation, the Kenya National Commission on Human Commission (KNCHR) whose functions are outlined in Article 59 of the Constitution to include; to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated.
“Patently, the President of LSK has taken oath to serve in a Panel of Experts that is anchored on unconstitutionality,” the letter continued.
Munyeri further cited an active case in court challenging the constitutionality of the panel.
“In HCCHRPET/E544/2025, Lempa Suiyanka vs State Law Office and 4 Others, the constitutionality of the Panel of Experts was challenged in the High Court. The pending Petition raises serious constitutional grounds that should prompt a reasonable legal mind to conclude that the panel is unconstitutional,” the letter added.
Munyeri also reminded Odhiambo that she had previously declined a government appointment on grounds of unconstitutionality.
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Munyeri also questioned the involvement of Prof. Makau Mutua in the panel, claiming his role as an advisor to the President was already subject to a court case.
“Your chair in the Panel of Experts, Prof. Makau Mutua is a government employee courtesy of an unconstitutional appointment as an Advisor to the President on Constitutional Affairs. The challenge on his appointment is pending in the High Court in HCCHRPET/E275/2025 – Eliud Matindi vs State Law Office and 3 Others,” the letter added.
Munyeri warned that Odhiambo’s dual roles could lead to a conflict of interest between her mandate as LSK President and her position in the panel.
“In whole, the performance of your statutory duties as the President of LSK and the Vice Chair of the unconstitutional Panel of Experts will trigger a conflict between your mandate as the LSK President and your service to President Ruto,” the letter read.
Munyeri concluded his letter by accusing Odhiambo of undermining the independence of the society.
Earlier Thursday, Odhiambo defended her decision to accept President William Ruto’s appointment as Vice Chair for the Framework for the Reparation and Compensation of Victims of Demonstrations, Public Protests, and Riots.
Speaking shortly after being sworn in, she said she has not abandoned her principals or trust placed in her by taking up the role.
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