The High Court has ordered the Prof Makau Mutua to set aside KES 105 million to compensate victims of torture, enforced disappearances and abductions.
Justice Gregory Mutai gave the directive following a petition filed by the victims who have not been listed to benefit from the KES 2 billion given out by President William Ruto.
In a virtual ruling, Justice Mutai directed the money be ring-fenced to cater for the victims of police brutality and enforced disappearance.
“I hereby order the Prof Makau Mutua-led committee to ring-fence KES 105 million from the compensation fund for victims of torture, enforced disappearances and abductions, pending the determination of a petition challenging the verification process for beneficiaries,” ordered Justice Mutai.
The court issued the conservatory orders stopping the implementation or relying on an authentication process introduced to verify victims eligible for compensation under Presidential Proclamation No. 1 of 2026.
The orders mean that the verification process for victims of torture and enforced disappearances cannot proceed under the contested framework until the petition is heard and determined.
The court further directed that KES 105 million be reserved specifically for the affected victims, while allowing the compensation process involving other categories of beneficiaries to continue.
In its ruling, the court said the funds had to be protected to ensure 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 then directed that the money be separated from the wider compensation fund pending the outcome of the case.
“The first and second respondents are hereby ordered to set aside KES 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 clarified that once the respondents comply with the order reserving the KSh105 million, the compensation process involving other victims may proceed.
Upon complying with Order No. 2, a process in respect of the other victims may proceed.
The court did not make any order on legal costs, meaning the parties will bear their respective costs in the matter.
The decision temporarily safeguards a portion of the compensation fund for victims whose eligibility and verification process is at the centre of the court dispute.
