Kenya: Court Orders Govt to Set Aside Sh105mn for Torture, Abduction Victims

The High Court of Kenya
12 August 2026

Nairobi — The government has been ordered to set aside Sh105 million from a compensation fund for victims of torture, enforced disappearances and abductions as a court considers a legal challenge to a government verification process.

Justice Gregory Mutai issued the orders pending the hearing and determination of a petition challenging the authentication process introduced to identify and verify victims in line with Presidential Proclamation No. 1 of 2026.

The court issued conservatory orders stopping the first and second respondents from implementing, applying or relying on the disputed authentication process until the petition is determined.

Justice Mutai, however, allowed the broader compensation process for other victims to continue, provided the Sh105 million is first set aside and protected for victims affected by enforced disappearances, torture and abductions.

The judge directed that the funds be ring-fenced pending the determination of the petition, effectively ensuring that the amount remains available for the specific category of victims while the legal challenge is heard.

The orders place the disputed government authentication process on hold while safeguarding funds intended to compensate victims of alleged human rights violations.

The petition will now determine whether the authentication mechanism introduced by the government is lawful and can be used to verify beneficiaries under the Presidential Proclamation.

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