Premium
Victims of State violence decry exclusion in compensation
From left (seated, front row): Jamil Longton, Monicah Mwende, Bob Njagi, Dancan Kyalo and Aslam Longton address journalists at the Kenya Human Rights Commission headquarters in Nairobi on February 2, 2025.
Survivors of State violence have decried the exclusion of victims of abductions and enforced disappearances from the proposed compensation framework, issuing a 24-hour ultimatum for the government to publish the names of the affected Kenyans or else face a lawsuit.
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.
The lawyer explicitly stated that the victims will file a formal complaint regarding the panel's unfairness and overreaching actions.
Despite police statements claiming that no official communication has been received for public demonstrations, the coalition confirmed that security apparatus across major cities, including Nairobi and Mombasa, have been formally notified of nationwide memorial activities.
They said that they would come out in large numbers in an event packed day that will include plans to march to Parliament at 10:00 am to lay flowers to honor fallen protestors like Rex Maasai and Eric Shieny.
The activists also condemned the ongoing intimidation of human rights defenders, citing the current detention of activist Bob Njagi.
The team also raised alarms over credible information that government sponsored goons are being mobilised to infiltrate the peaceful commemorations to carry out looting and vandalism, urging citizens to record every incident on video to identify perpetrators.
“We are deeply disturbed by reports that a government that publicly claims to support justice for victims is at the same time threatening, intimidating, and attempting to frustrate the efforts of victims, survivors, and families who seek to peacefully commemorate the pain caused by the state's failure to protect its citizens. Commemoration is not a crime. It is a fundamental constitutional right,” said Bernard Kavuli, an activist who was abducted in 2024.
The coalition reminded law enforcement of the 2024 and 2025 High Court orders issued by Justice Bahati Mwamuye, which mandate that every officer deployed to protests must wear an official uniform, display a visible name tag or service number, and refrain from using masks or unmarked vehicles.
Any officer who violates these binding directives, the group warned, will be treated as an illegal actor and an enemy of the people.
Follow our WhatsApp channel for breaking news updates and more stories like this.
