According to a statement by the coalition of victims and survivors against State violence, the chairperson of the Human Rights Violations Compensation Committee, Prof Makau Mutua, had selectively implemented the Kenya National Commission on Human Rights (KNCHR) findings and recommendations despite lacking a mandate to rewrite, dilute, or suspend any part of the report.
“Abductions and enforced disappearances are among the gravest categories of State-sponsored human rights violations witnessed in Kenya’s recent history. None of the 35 cases of enforced disappearances and 135 cases of freedom torture have been listed in the purported phase one payouts,” said Jamil Longton.
The coalition said that the decision to selectively implement the recommendations by KNCHR had undermined the integrity of the entire process and defeated the pursuit of justice.
The group demanded that the government publish the complete list of persons identified for compensation to make the process credible.
“The pursuit of justice cannot succeed if the State chooses which victims deserve recognition and which do not. We shall continue to stand with every victim until no one is forgotten, no one is erased and no injustice is left unanswered,” said part of the statement.
The group noted that the state recently announced a purported compensation package of Sh348 million, but labeled the move a public relations stunt since not a single genuine beneficiary has come forward to confirm receipt of funds. They announced immediate plans to lodge a formal complaint at the KICC and escalate the matter to anti-corruption authorities if the omissions are not corrected.
Advocate Abna Mango, representing the victims, stated that the panel has no legal authority to alter the KNCHR framework and announced an intent to file a lawsuit under Article 47 of the Constitution on fair administrative action.
“Their move to omit the victims of enforced disappearances is not only overreaching but is ultra bias... the taskforce is a mere midwife whose sole duty is to ensure the sole delivery of this baby which is reparation of this victim. But what we are being treated to instead is that this taskforce has now chose to throw the baby together with the water that was in the basin,” said Mango.
The briefing comes ahead of the second anniversary of the June 25, 2024 Gen Z protests.
Any officer who violates these binding directives, the group warned, will be treated as an illegal actor and an enemy of the people.
