Justice Gregory Mutai is on Tuesday expected to hear the matter inter partes after finding that the application raised issues requiring urgent determination.
The petition was 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.
According to a supporting affidavit sworn by Bernard Kavuli, the KNCHR verified 1,101 victims across six categories of human rights violations before submitting a reparations framework to the government. Compensation has since been rolled out, with 505 victims receiving Ksh.674.1 million for fatalities, injuries, sexual violence and economic loss.
The petitioners, however, argue that despite 35 victims of enforced disappearance being among those verified by the Commission, they were excluded from the compensation programme.
They claim the Panel of Experts unlawfully introduced an additional authentication process for victims of torture and enforced disappearance and, in doing so, exceeded its legal mandate by altering a list already verified by the KNCHR. The petitioners further argue that the panel selectively implemented the reparations programme by compensating victims in other categories while excluding those who suffered enforced disappearance.
The petitioners want the High Court to halt what they describe as the selective implementation of the reparations framework and ensure that all verified victims, including those who suffered enforced disappearance, are considered for compensation.
They also want the court to compel the publication of the list of the 35 verified victims of enforced disappearance and the status of their compensation.
The case comes as a family in Ngata Estate, Rongai, Nakuru County, says it is yet to be compensated by the government following the death of their son Kevin Madanga, who was killed during the 2024 anti-government demonstrations.
“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.
His mother, Violet Gwazina, added: “Mama kama mimi nadanganywa kila siku nifanye nini?”
