The High Court has ordered Prof Makau Mutua-led panel of experts to set aside Sh105 million for purposes of compensating victims of abductions and torture, in case they win a petition they have filed.
Further, Justice Gregory Mutai blocked the Panel of Experts on Compensation of Victims of Human Rights Violations and other parties involved in the compensation process from acting on the purported authentication process introduced for the verification of victims of torture and enforced disappearances.
Victims of abductions led by Gideon Kibet, Ronny Kiplangat and eight others claim that victims of enforced disappearance were not considered during the verification process.
They submitted that the panel introduced a fresh "authentication processes", which they claim locked out victims whose claims had already been verified by the Kenya National Commission on Human Rights (KNHCR).
“Secondly, 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 petition,” said the court.
The victims of abductions claimed that the government's decision to exclude them from the compensation framework is unlawful, discriminatory and unconstitutional.
They argued that the omission is not an administrative oversight but a deliberate decision that denies eligible victims justice and undermines the integrity of the reparations process.
They argue that every victim of state violence is entitled to equal treatment under the Constitution, regardless of the circumstances of the violation.
Other petitioners are Jamil Longton, Nadim Longton, Bob Njagi, Billy Mwangi, Peter Muteti, Joshua Okayo, Maurice Wambua and Rajab Mohamed.
"Justice cannot be compartmentalized. Victims cannot be ranked according to political convenience. Every victim of state violence deserves equal recognition, dignity and redress," the petition states.
The petitioners are asking the court to declare unconstitutional the respondents' decision to introduce an "authentication process" for victims of torture, abductions and enforced disappearances before they can qualify for compensation.
The panel said it had fully processed 157 claims in the second phase of compensation, comprising 100 injury claims and 57 fatalities, bringing the total number of compensated victims to 505. They said compensation amounting to KSh674.1 million had been disbursed.
However, in responding to concerns about compensation for 35 victims of enforced disappearances identified in the report, the panel maintained that victims must first undergo authentication because cases involving torture and enforced disappearances require a higher standard of verification and coordination among several government agencies.
According to the petition, the additional verification process exceeds the respondents' legal mandate and contradicts both Presidential Proclamation No. 1 of 2026 and a previous High Court judgment in 2025.
They further argue that the panel chaired by law scholar Prof Makau Mutua and other respondents have no authority to alter or amend the Report on the Development of a Framework for Reparations for Victims of Human Rights Violations, which was submitted to President William Ruto on June 15, 2026.
The report, prepared by KNCHR), provides the framework for compensating victims of human rights violations arising from demonstrations, public protests and other state actions.
