Court to Rule on August 7 in Case Challenging Compensation of Victims of Enforced Disappearances and State Violence

By Violet Kerubo

The High Court at Milimani Law Courts on Friday heard an application filed by the Coalition of Victims and Survivors Against State Violence (CVSSV), challenging what they describe as their unlawful exclusion from the government’s compensation programme for victims of enforced disappearances, abductions and injuries sustained during recent demonstrations.

The matter was heard before Justice Gregory Mutai, with Senior Counsel Elisha Ongoya appearing for the Law Society of Kenya (LSK), which is supporting the application.

The petitioners argued that the compensation process has been discriminatory, opaque and unconstitutional, saying many genuine victims have been left out despite the government’s allocation of KSh2 billion for compensation.

According to submissions before the court, the Kenya National Commission on Human Rights (KNCHR) and the Independent Policing Oversight Authority (IPOA) were tasked with identifying and verifying victims eligible for compensation. Out of approximately 1,800 reported victims, 1,101 were verified, including 245 people who died during the demonstrations.

The court heard that KSh674.1 million has so far been disbursed to 505 victims, leaving nearly half of the verified victims yet to receive compensation.

Lawyers representing the coalition questioned the transparency of the exercise, arguing that the identities of those already compensated have not been made public and that many victims continue to be excluded from the ongoing process. They further challenged the inclusion of four new claimants, saying the move raises concerns over the integrity of the verification process.

The applicants urged the court to ensure that all victims receive justice, including financial compensation, medical treatment, psychosocial support and a public apology from the State. They also asked that individuals who were forcibly disappeared and whose whereabouts remain unknown be included among those eligible for compensation.

In response, lawyers representing the government told the court that the registration and verification exercise began in March and is still ongoing. They maintained that some individuals claiming to be victims had failed to provide sufficient evidence to support their claims but emphasized that anyone who believes they qualifies can still submit documents for verification.

The government further assured the court that the KSh2 billion allocation is not the final compensation fund, saying Parliament is expected to allocate additional resources to ensure all verified victims are compensated. It also stated that no category of victims will be excluded from the programme and confirmed that a pending list of claimants is still under review.

However, lawyers representing interested parties criticized the government’s handling of the process, arguing that authorities had repeatedly promised to publish, through periodic gazette notices, the names of compensated victims but had failed to do so. They said the lack of transparency has left many victims uncertain about whether they will ever receive compensation.

Justice Gregory Mutai is expected to deliver a ruling on the application on Thursday, August 7, 2026, at 9:00 a.m.