The High Court has ordered the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests to reserve Sh105 million from the compensation fund for victims of torture, abductions and enforced disappearances.
Justice Gregory Mutai issued the directive 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.
In his orders, Justice Mutai barred the first and second respondents from implementing, applying or relying on the contested authentication process until the petition is determined.
The court, however, declined to halt the entire compensation programme.
Instead, the judge allowed compensation involving other eligible victims to continue on condition that Sh105 million is first ring-fenced and preserved.
The money will remain specifically reserved for claims involving victims of torture, enforced disappearances and abductions while the legal challenge remains before the court.
The orders effectively allow the broader compensation exercise to proceed while protecting funds that could eventually be paid to the categories of victims at the centre of the petition.
The petition challenges the manner in which the government intends to authenticate victims before compensation is paid under the presidential proclamation.
The case will now proceed to hearing for the court to determine the legality of the contested authentication process and its application to victims seeking compensation.
