35 protest abduction victims left out of compensation list: Court told

The application was filed by some of the victims, who are challenging the removal of 35 victims of abduction and enforced disappearance from the list of those eligible for compensation.

Despite being named among the respondents, the Kenya National Commission on Human Rights (KNCHR) has backed the petition, saying it does not understand why the 35 victims were excluded. 

The petitioners accuse the Prof. Makau Mutua-led Panel of Experts of unlawfully excluding 35 victims of abduction and enforced disappearance from the list of beneficiaries.

"Our concern is that victims of abduction and enforced disappearance have been deliberately excluded and subjected to a new authentication process. The panel has no legal mandate to verify victims, and the panel is not a state agency,” said the petitioners' lawyer Abner Collins Mango.

The petitioners argue that the KNCHR had already verified and listed the 35 among the 1,101 victims eligible for compensation before submitting its report to the President William Ruto-appointed panel.

KNCHR, despite being listed as a respondent in the case, supported the petitioners' position, insisting that the victims had already been verified.

"The court should guide the compensation process in accordance with the law. You cannot verify what has already been verified by IPOA and KNCHR, which have investigation reports documenting every victim,” another petitioner’s lawyer, Dan Maanzo, added.

KNCHR lawyer Cyrus Maweu said: “KNCHR's role was to compile the list and verify it. That's what we did. We listed the 35 for compensation and we don't understand why they were left out. We seek their compensation."

The petitioners are also seeking orders compelling the Panel of Experts to explain why the 35 victims were removed from the compensation list.

"The whole process is compromised. We want the court to stop it,” stated Mango.

They have further challenged the panel's decision to accept 400 additional compensation claims after the deadline for submitting applications through KNCHR had lapsed, arguing that the move could disadvantage victims who had already been verified.

"KNCHR has also noted that the Ksh.2 billion allocated is insufficient for compensation. With Ksh.674 million already disbursed and the recent backdoor introduction of 400 new compensation claims, it is clear our clients risk being left out despite suffering psychological and physical harm,” Mango added.

The Panel of Experts opposed the application, arguing that suspending the compensation exercise would unfairly affect hundreds of victims awaiting payment, noting that its mandate expires on September 5.

"If you stop compensation, you'll affect many people waiting to be paid. Parliament can still allocate more money for compensation, but stopping the process is unfair,” stated lawyer Alex Mbaya, holding brief for the Panel of Experts.

The petitioners are also asking the court to order the panel to publish the list of all compensated victims and the amounts paid to each beneficiary to enhance transparency and accountability.

The panel told the court it has so far disbursed Ksh.674 million to 505 victims.