Court orders Sh105m set aside for enforced disappearance victims
The High Court has directed the government to set aside Sh105 million from the compensation fund for victims of enforced disappearances, torture and abductions pending the determination of a petition challenging their exclusion from the programme.
Justice Gregory Mutai issued the order on Tuesday after finding that several petitioners had raised serious constitutional questions over the process being used to authenticate victims eligible for compensation.
"The first and second respondents are hereby ordered to set aside Sh105 million out of the compensation fund for purposes of compensating the victims of enforced disappearances and torture and abductions pending the hearing and determination of the instant petition," ruled Judge Mutai.
Gideon Kibet, Ronny Kiplangat and eight others sued the State to challenge what they termed the unlawful exclusion of 35 verified victims of enforced disappearance from a government compensation programme.
The case stems from the government’s compensation and reparation programme for victims of human rights violations, which followed the establishment of a panel of experts and subsequent presidential proclamations on the process.
President William Ruto’s Presidential Proclamation directed the Kenya National Commission on Human Rights (KNCHR) to develop and submit a framework to guide compensation and reparation for victims of violence and human rights violations.
The petitioners sought conservatory orders stopping the compensation and reparation exercise pending the hearing and determination of their case.
Kenya National Commission on Human Rights (KNCHR), IPOA, the Panel of Experts on Compensation of Victims, the Attorney General and the Law Society of Kenya were among those sued.
The petitioners raised concerns over an authentication process introduced to verify victims who would benefit from the compensation programme.
Justice Mutai said the petition raised an arguable constitutional issue on whether the Panel of Experts on Compensation of Victims had the authority to undertake the authentication process it was purporting to carry out.
He said the court would have to determine whether the list of victims prepared by the KNCHR was conclusive, failure to which could leave the victims without an effective remedy.
Justice Mutai further took issue with the exclusion of victims of enforced disappearances and abductions from the categories identified for compensation.
He noted that government communications issued in June and July 2026 had listed victims of fatalities, severe injuries, moderate injuries, minor injuries and aggravated sexual offences as part of the program.
"What is missing from this list is victims of enforced disappearances. I'm of the opinion that enforced disappearances and abductions are more deserving of prioritisation than the group entitled moderates and minor injuries," the judge observed.
"The exclusion of victims of enforced disappearances and abductions raises a genuine concern."
The court consequently found that there was a real risk that the petition could be rendered meaningless if the compensation process continued without constitutional safeguards for the excluded victims.
Relevant state agencies were therefore temporarily restrained from implementing or relying on the disputed authentication process for verifying victims of torture and enforced disappearances under the presidential proclamation.
The judge also ordered the setting aside of Sh105 million from the compensation fund for victims of enforced disappearances, torture and abductions.
Justice Mutai, however, stopped short of halting the entire compensation programme.
