A new legal challenge has emerged concerning the Kenyan government's compensation programme for victims of human rights abuses. The High Court has certified as urgent a petition disputing the exclusion of 35 victims of enforced disappearance from the state payout scheme.

Justice Gregory Mutai is scheduled to hear the case inter partes, after determining that the matter requires immediate judicial consideration.

Background of the Petition

The petition was brought forward by activists Gideon Kibet, Ronny Kiplangat, and eight others. It targets 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.

According to an affidavit by Bernard Kavuli, the KNCHR verified 1,101 victims across six categories of human rights violations and submitted a reparations framework to the government. To date, 505 victims have received a total of Ksh. 674.1 million covering fatalities, injuries, sexual violence, and economic loss.

Claims of Exclusion

The petitioners contend that although 35 victims of enforced disappearance were verified by the KNCHR, they were excluded from receiving compensation. They accuse the Panel of Experts of unlawfully imposing an additional authentication process for torture and enforced disappearance victims, thereby exceeding its mandate by modifying the KNCHR's verified list.

They argue that this selective implementation has resulted in some categories being compensated while enforced disappearance victims remain sidelined.

Demands

  • Stop the selective compensation process.
  • Include all verified victims of enforced disappearance in the reparations programme.
  • Publish the list of the 35 verified enforced disappearance victims and disclose their compensation status.

Case Context

The case gains significance as families like that of Kevin Madanga from Ngata Estate, Rongai, Nakuru County, await compensation following his death during the 2024 anti-government protests. His sister, Mercy Kaveti, expressed frustration over delays despite multiple follow-ups with authorities including Human Rights bodies and IPOA.

The compensation initiative was launched on June 23 after KNCHR submitted the reparations framework to President William Ruto.