The High Court, presided over by Justice Gregory Mutai, is set to deliver a ruling next Friday on a petition challenging the compensation process for victims of anti-government protests in Kenya.

The case was brought forward by some victims who claim that 35 individuals abducted or forcibly disappeared during protests were unlawfully removed from the official list of those eligible for compensation.

Dispute Over Victims' Inclusion

The petitioners argue that the Kenya National Commission on Human Rights (KNCHR) had already verified these 35 victims and included them among the 1,101 beneficiaries before submitting their report to the presidentially appointed Panel of Experts, led by Prof. Makau Mutua.

Despite being named as respondents, the KNCHR supports the petitioners, expressing confusion over the exclusion of these victims. KNCHR lawyer Cyrus Maweu emphasized that the commission had fulfilled its mandate by compiling and verifying the list, stating, "We listed the 35 for compensation and we don't understand why they were left out. We seek their compensation."

Concerns Over the Compensation Process

  • The petitioners criticize the panel for subjecting the excluded victims to a new authentication process, which they say exceeds the panel's legal mandate.
  • They also challenge the acceptance of 400 additional compensation claims after the official deadline, arguing this could disadvantage previously verified victims.
  • There are concerns that the allocated Ksh. 2 billion fund is insufficient, with Ksh. 674 million already disbursed.

Panel of Experts' Position

The panel opposes halting the compensation process, warning that suspension would negatively impact hundreds of victims awaiting payments. Lawyer Alex Mbaya, representing the panel, noted that the panel's mandate expires on September 5 and that Parliament could allocate additional funds if needed.

Calls for Transparency

The petitioners also seek a court order compelling the panel to publish a comprehensive list of compensated victims along with payment amounts to ensure transparency and accountability.

So far, the panel reports having disbursed Ksh. 674 million to 505 victims.