The High Court has ordered that KSh105 million be set aside from a compensation fund for victims of torture, enforced disappearances and abductions pending the determination of a petition challenging the verification process for beneficiaries.
Justice Gregory Mutai issued conservatory orders barring the first and second respondents from implementing, applying or relying on an authentication process introduced to verify victims eligible for compensation under Presidential Proclamation No. 1 of 2026.
The orders effectively suspend the contested verification process for victims of torture and enforced disappearances until the petition is heard and determined.
The court further directed that KSh105 million be reserved specifically for the affected victims, while allowing the compensation process for other categories of beneficiaries to continue.
In its ruling, the court said the funds needed to be protected to ensure that victims covered by the petition were not disadvantaged while the legal dispute was pending.
“Firstly, pending the hearing and determination of the petition, conservatory orders were issued restricting, restraining the first and second respondents from implementing or applying or acting upon the purported authentication process introduced by the respondents for the verification of victims of torture and enforced disappearances in compliance with Presidential Proclamation No. 1 of 2026,” the court stated.
The court subsequently ordered the respondents to separate KSh105 million from the wider compensation fund for the affected victims.
“The first and second respondents are hereby ordered to set aside Kenya Shillings 105 million out of the compensation fund for purposes of compensating the victims of enforced disappearances and torture and abductions pending the hearing and determination of the petition,” the ruling states.
The court clarified that once the respondents comply with the order to reserve the funds, the compensation process for other categories of victims may proceed.
“Upon complying with Order No. 2, a process in respect of the other victims may proceed,” the court ruled.
Justice Mutai made no order on costs, meaning each party will bear its own legal expenses.
The decision temporarily safeguards KSh105 million for victims whose eligibility and verification remain the subject of the court dispute, while allowing compensation for other beneficiaries to continue.
