A new court dispute has emerged over the government’s compensation programme for victims of human rights abuses, with petitioners seeking to stop what they describe as the exclusion of victims of enforced disappearance from the exercise.
The High Court has certified the matter as urgent, and Justice Gregory Mutai is expected to hear the application inter partes on Tuesday after finding that it raises issues requiring immediate consideration.
The case has been filed by activists Gideon Kibet, Ronny Kiplangat and eight others against the Panel of Experts on Compensation of Victims of Human Rights Violations, Attorney General Dorcas Oduor, the Kenya National Commission on Human Rights (KNCHR), the Independent Policing Oversight Authority (IPOA) and the Law Society of Kenya.
Court documents state that the KNCHR had verified 1,101 victims across six categories of human rights violations before forwarding a reparations framework to the government.
Since the compensation programme began, 505 beneficiaries have reportedly received a total of Ksh.674.1 million for cases involving deaths, injuries, sexual violence and economic losses.
However, the petitioners argue that 35 people whose cases of enforced disappearance had already been verified by the KNCHR were left out of the compensation process.
They claim the Panel of Experts exceeded its mandate by introducing another verification process for victims of torture and enforced disappearance after the Commission had already completed its work.
They further contend that the programme has been implemented selectively by compensating some categories of victims while leaving out others.
The petitioners are asking the court to suspend the ongoing compensation exercise until all verified victims are treated equally.
They also want the government compelled to publish the names of the 35 verified victims of enforced disappearance and provide details on the status of their compensation.
The legal challenge comes as some affected families continue to wait for financial support. In Ngata Estate, Rongai, Nakuru County, the family of Kevin Madanga, who died during the 2024 anti-government demonstrations, says it has yet to receive compensation despite following the required procedures.
“Nimekuwa nikipiga simu tangu mtoto wetu afariki. Tumetembea na mama, hakuna mahali hatujaenda, ikiwemo Human Rights na IPOA. Tulipeleka vitu kwenye Human Rights, tukaambiwa compensation ni after 60 days. Hadi wa leo,” said Mercy Kaveti, the victim’s sister, during an interview.
His mother, Violet Gwazina, also expressed frustration over the delay, saying, “Mama kama mimi nadanganywa kila siku nifanye nini?”
The compensation programme was launched on June 23 after the KNCHR presented its reparations framework to President William Ruto.
As the case heads to court, its outcome is expected to determine whether all verified victims will be included in the exercise, a decision that could shape the government’s approach to addressing past human rights violations and restoring confidence among affected families.
