Court orders Sh105 million reserved for victims of torture, abductions and enforced disappearances

The High Court ordered the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests to set aside Sh105 million for victims of torture, abductions and enforced disappearances.

Justice Gregory Mutai issued the order pending the hearing and determination of a petition challenging the government’s authentication process for identifying and verifying victims eligible for compensation.

The disputed verification process was introduced as part of the implementation of Presidential Proclamation No. 1 of 2026.

Justice Mutai barred the first and second respondents from implementing, applying or relying on the contested authentication process until the petition is determined.

However, the judge declined to suspend the entire compensation programme.

Instead, the court allowed the compensation exercise involving other eligible victims to continue, provided that Sh105 million is first ring-fenced and preserved for claims by victims of torture, enforced disappearances and abductions.

The funds will remain reserved for the affected categories of victims until the court determines the legal challenge.

The petition challenges the manner in which the government seeks to authenticate victims before compensation is paid under the presidential proclamation.

The court’s orders therefore allow the wider compensation programme to proceed while safeguarding funds that could ultimately be required to compensate victims whose claims are at the centre of the dispute.

The case will now proceed to hearing, where the court will determine whether the contested authentication process is lawful and whether it can be applied to victims seeking compensation