The High Court is set to hear a petition by victims of alleged abductions and enforced disappearances seeking to be included in the government’s compensation programme for victims of human rights violations.
Gideon Kibet, Ronny Kiplangat and eight others argue that the government’s decision to exclude victims of abductions and enforced disappearances from the compensation framework is unlawful, discriminatory and unconstitutional.
In a petition to be heard on Wednesday, the petitioners contend 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.
“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 case has been brought against the Panel of Experts on Compensation of Victims of Human Rights Violations, the Independent Policing Oversight Authority (IPOA) and other respondents involved in implementing the reparations programme.
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.
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 the Kenya National Commission on Human Rights (KNCHR), provides the framework for compensating victims of human rights violations arising from demonstrations, public protests and other state actions.
The petitioners want the court to find that excluding victims of abductions and enforced disappearances violates Articles 27, 28 and 47 of the Constitution, which guarantee equality, human dignity and fair administrative action.
They are also seeking orders quashing the respondents’ decision to introduce the authentication process and their decision to omit victims of abductions and enforced disappearances from the compensation programme.
In addition, they want the court to compel the panel to immediately include all verified victims of abductions and enforced disappearances in the reparations process in accordance with the report and its accompanying guidelines.
The petitioners also seek an order requiring the respondents to provide, within 14 days, the names of all verified victims of abductions and enforced disappearances contained in the report.
Among those supporting the petition is Bernard Kavuli, coordinator of the Coalition of Victims and Survivors Against State Violence, who says he was abducted in Ngong on December 22, 2024.
In an affidavit filed before the court, Kavuli states that he was bundled into a Toyota Probox by unidentified individuals in broad daylight, an incident he says was captured by CCTV cameras at a nearby petrol station.
He says he has authority to swear the affidavit on behalf of his co-petitioners, who include Jamil Longton, Nadim Longton, Bob Njagi, Billy Mwangi, Peter Muteti, Joshua Okayo, Maurice Wambua and Rajab Mohamed.
The dispute stems from the implementation of the government’s reparations programme following the submission of the KNCHR report at State House on June 15, 2026.
Following the launch of the report, the Panel of Experts and IPOA announced on July 3 that they had received more than 400 additional claims 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 Sh674.1 million had been disbursed.
However, in responding to concerns about compensation for 35 victims of enforced disappearances identified in the report, the respondents 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.
The petitioners reject that position, arguing that the respondents are unlawfully creating new eligibility requirements that were never contemplated under the reparations framework or the presidential proclamation establishing the compensation process.
They further contend that the respondents have exceeded their mandate by collecting fresh claims and introducing their own compensation claim forms instead of implementing the list of 1,101 victims already processed by the KNCHR.
According to the petitioners, transparency is essential to restoring public confidence in the reparations programme.
They argue that the list of the 35 victims of enforced disappearances identified in the report should be made public together with the status of their compensation to ensure accountability and guarantee that no eligible victim is excluded from the process.
